FEATURE ARTICLE:
PROCEDURE FOR TAXING AND CHALLENGING COSTS
AND DISBURSEMENTS GETS RARE JUDICIAL REVIEW
THE
FILING SYSTEM
DIVORCE JUDGMENT NULLIFIED:
Three-Day Delay in Filing Proof of Service
Voids Divorce; Court Can Do Nothing But Declare Action DIsmissed
JOINDER OF NEW PARTIES:
Court Grants Extension of 120-Day Period
to Add New Parties, and Requires No New Filing Fee
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SERVICE IN FOREIGN COUNTRY:
Court Suggests Using Federal Court When Problem
of Service in Foreign Country Prevents Satisfying N.Y.'s 120-Day Period
GENERAL
PRACTICE
COLLATERAL ESTOPPEL:
If Damages Hearing After Default Necessarily
Determines Issue That Goes to Liability, Then It, Too, Gets Estoppel
Effect
LEGAL MALPRACTICE "BUT FOR" RULE:
If, Despite Lawyer's Malpractice, Proof Shows
Client Would Still Have Lost Case, No Malpractice Claim Lies
DISCLOSURE ABUSE:
Plaintiff's "Outrageous Behavior", Including
Conduct at Deposition, Brings Dismissal of Complaint
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UNQUALIFIED PLAINTIFF CORPORATION:
Plaintiff Foreign Corporation Dismissed for
Not Filing Certificate of Doing Business Gets 6 Months for New Action
BACKLOG
ITEMS
DISLOSURE OF EXPERT DATA:
May Party, Not Yet Having Responded to Demand
for Expert Data, Use Expert's Affidavit to Oppose Summary Judgment
Motion?
SMALL CLAIMS CASES:
Notice of Defect and Notice of Claim Are Both
Required Even in Small Claim Against City
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