FEATURE ARTICLE:
UNDER ARTICLE 16, DEFENDANTS' SHARES OF
FAULT ARE EXTRAPOLATED TO 100% AFTER PLAINTIFF'S CONTRIBUTORY SHARE
COMES OFF THE TOP
THE FILING SYSTEM
SUMMONS OMISSIONS:
Conflict About Whether Omitting Both Index
Number and Date of Filing from Summons Is Jurisdictional Defect
Conflict on Whether Failure to Pay Fee for
Second Action Can Be Cured with Simple Late Payment
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GENERAL PRACTICE
SIZE OF TYPE IN SUMMONS:
Use of Less Than 12-Point Type in Summons Held
Not Jurisdictional Defect
RESISTING SUMMARY JUDGMENT:
To Avoid Summary Judgment on Ground Opposing
Evidence "May Exist", Party Must Show "Likelihood" Discovery Would
Help
EFFECT OF BANKRUPTCY REMOVAL:
Plaintiff's Removal to Bankruptcy Court for
Chapter 11 Reorganization Doesn't Excuse Its Failure to Serve Complaint
ENFORCEMENT OF JUDGMENTS:
Using Delivery Order to Reach Debtor's Property
Outside New York
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"REM" JURISDICTION:
If Foreign Place Cooperates, Debtor's Property
There Can Be Deemed to Be In Constructive Custody of Court Here
BACKLOG ITEMS
NEGLECT TO PROSECUTE:
Dismissal for Neglect to Prosecute Fails Because
Third-Party Defendant Didn't Serve 90-Day Notice on All Parties
DEPOSING OF ATTORNEYS:
Deposing of Attorney Who Drew Witness's Affidavit
Denied
APPEAL FROM AMENDED JUDGMENT:
No Appeal Lies from Judgment Superseded by
Amended Judgment
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