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
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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
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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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