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OCTOBER 1995
 
Overview of topics...

Lead Note:

WHEN EARLIER ACTION IS "DEEMED DISMISSED" UNDER CPLR 306-b(b), IS SIX MONTHS FOR NEW ACTION UNDER CPLR 205(a) AVAILABLE?

General Practice:

 

  • Need Court Order Precede Sanctions Application After Flouting of Discovery Notice?
  • Lien Law Proceeding Not Exclusive Remedy Against Car Repair Shop
  • Can Receiver's Commissions Exceed Statutory 5%?
  • Is Lawyer Liable for Subpoenaing Sick Witness?

Backlog Items:

 

  • Role of Motion Practice in Requiring Supplementation of Prior Disclosures
  • Money Sanction Imposed Instead of Dismissal for Neglect to Prosecute

Federal Jurisdiction and Practice:

 

  • Is There a Doctrine of "Pendent Appellate Jurisdiction"?
  • Can't Serve Secretary of State in Foreign Federal Action

Open Citations:

 

  • Hanover (Issue 33/Page 3): 164 Misc.2d 843, 629 N.Y.S.2d 945.
  • Paramount (35/3): 212 A.D.2d 490.

 ARTICLE HEADLINES

FEATURE ARTICLE:
WHEN EARLIER ACTION IS "DEEMED DISMISSED" UNDER CPLR 306-b(b), IS SIX MONTHS FOR NEW ACTION UNDER CPLR 205(a) AVAILABLE?


 
GENERAL PRACTICE

DISCOVERY SANCTIONS:
If Discovery Demand Is Disobeyed, Direct Application for Sanctions under CPLR 3126 Is Allowed

REMEDIES AGAINST CAR REPAIR SHOP:
Lien Law Remedy Is Not Exclusive; Car Owner Can Seek Injunction Against Shop's Sale of Car to Pay Disputed Bill

 
RECEIVER'S COMMISSIONS:
The Statutory Ceiling of 5% for Receiver's Commission Can Be Exceeded If Amount Is "Manifestly Unfair"

LAWYER'S LIABILITY FOR SUBPOENA:
No Personal Injury Claim Against Lawyer for Subpoenaing Witness Even If Witness Known to Be Sick


 BACKLOG ITEMS

SUPPLEMENTING DISCLOSURE RESPONSES:
Calling the Supplementation Requirement to Adversary's Attention

 
NEGLECT TO PROSECUTE:
Court Imposes Money Sanction on Plaintiff's Lawyer Instead of Dismissal for Delay in Prosecution


 
FEDERAL JURISDICTION AND PRACTICE

"PENDENT APPELLATE JURISDICTION"?:
U.S. Supreme Court Rejects Notion of "Pendent Appellate Jurisdiction"

SERVICE ON SECRETARY OF STATE:
Out of State Actions, Including Federal Actions, Can't Use New York Secretary of State for Service

         
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