SPR - December 1995 Headlines & Topics


DECEMBER 1995

Overview of topics...

Lead Note:

IN APPARENT CASE OF FIRST IMPRESSION, COURT ALLOWS ENTRY OF JUDGMENT IN FOREIGN CURRENCY

The Filing System:

Ineffectiveness of Court-Ordered Service When Other Methods Not Tried
Priority of Marital/Custody Actions on Other-Action-Pending Motion

General Practice:

Effect of Pending Motion When Case Transferred Down to Lower Court
Attempt to Depose Person Who Made Surveillance Tape

Backlog Items:

Merits Certificate in Medical Malpractice Action
Difference Between "Entry" and "Filing" for Appeal Purposes
Judgment Creditor's Attempt To Apply Debtor's Assets to Debts Not Covered by Judgment

Open Citations:

T./P. Children (Issue 37/Page 2): 165 Misc.2d 333, 629 N.Y.S.2d 677.

ARTICLE HEADLINES

FEATURE ARTICLE:
IN APPARENT CASE OF FIRST IMPRESSION, COURT ALLOWS ENTRY OF JUDGMENT IN FOREIGN CURRENCY

THE FILING SYSTEM

MULTI-DEFENDANT ACTIONS:
Court-Ordered Service Under CPLR 308(5) Doesn't Help Plaintiff Who Can't Show Other Methods of Service Impracticable

PRIORITY BETWEEN ACTIONS:
Under "Filing" System, Which Marital/Custody Action Gets Priority on Motion to Dismiss for Pendency of Other Action?

GENERAL PRACTICE

TRANSFERRED-DOWN CASES:
Motion to Vacate Note of Issue, Made Before Transfer to Lower Court But Not Yet Decided, Should Be Recalendared in Lower Court

SURVEILLANCE TAPE:
Without Special Grounds, Can't Depose Person Who Took the Surveillance Tapes

BACKLOG ITEMS

MEDICAL MALPRACTICE ACTIONS:
Pro Se Plaintiff Need Not Furnish Merits Certificate in Medical Malpractice Action

STARTING THE APPEAL TIME:
Mere Notice of Filing Doesn't Suffice to Start Appeal Time

APPLICATION OF DEBTOR'S FUNDS:
Judgment Creditor, Coming Into More of Debtor's Funds Than Needed for the Judgment, Can't Apply Balance to Other Debts