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AUGUST 1995
 
Overview of topics...

Lead Note:

AMENDMENT OF SANCTIONS RULE ALLOWS UP TO $2500 FOR ATTORNEY'S FAILURE TO APPEAR AT SCHEDULED HEARING

The Filing System:

 

  • Served Papers Should Be Same as Filed Ones
  • Is Omitting Filing Date from Summons Jurisdictional?

General Practice:

 

  • Extending Limitations Period Against Accountants
  • Attempt to Erase Judgment with Settlement

New Laws:

 

  • Service in Court of Claims Action Altered
  • New Statute on Filing System in Surrogate's Court

Open Citations:

  • Takayesu (Issue 32/Page 1): 164 Misc.2d 470, 625 N.Y.S.2d 461.

 ARTICLE HEADLINES

FEATURE ARTICLE:
AMENDMENT OF SANCTIONS RULE ALLOWS UP TO $2500 FOR ATTORNEY'S FAILURE TO APPEAR AT SCHEDULED HEARING


 
THE FILING SYSTEM

NEED FOR IDENTITY OF PAPERS:
Served Papers Must Be Same as Filed Papers

APPELLATE DIVISION WEIGHS IN:
Omission of Filing Date from Summons Not Jurisdictional

 
 GENERAL PRACTICE

MALPRACTICE AGAINST ACCOUNTANTS:
Plaintiff Can Circumvent 3-Year Tort Period and Get 6 Years by Basing Claim on Contract

ERASING JUDGMENT WITH SETTLEMENT?:
Parties Can't Get Vacatur of Judgment Merely by Settling Case

 
 NEW LAWS

SERVICE IN COURT OF CLAIMS:
Notice of Intention to File Claim Henceforth to Be Served on Attorney General Instead of Filed with Court

FILING SYSTEM IN SURROGATE'S PRACTICE:
Special Statute Enacted on Use of Filing System in Surrogate's Court Proceedings

         
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