FEATURE ARTICLE:
 THE
FILING SYSTEM
USING SHOW CAUSE ORDER:
Presenting Show Cause Order for Signing But
Then Failing to File It After Signing Brings Dismissal of Special
Proceeding
NAMING WRONG PART:
Is Timely Filing Against Wrong Party Correctable
by Then Serving Right Party Under Same Index Number?
GENERAL
PRACTICE
CONTRIBUTION RIGHTS:
"High/Low" Agreement, Assuring P Minimum Recovery
from Tortfeasor S, Releases Non-Consenting Tortfeasor N
REVEALING MEDICAL EXPERTS:
Party Even in Medical Malpractice Action Can
Be Required to Reveal Name of Expert on Voir Dire
SUMMARY DISMISSAL:
Rare Example of "Documentary Evidence" by Itself
Supporting Dismissal Motion
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LAXNESS DISMISSALS:
D Can Use 90-Day Neglect to Prosecute Notice
During the One Year Period Following Striking of Case from Calendar
DEPOSING NONPARTY WITNESS:
Circumstances Warranting Disclosure from Nonparty
Witness Should Be Stated in Papers Served on Witness
VERIFICATION:
Want of Verification Held Inconsequential Where
Petition "Notarized"
SERVICE ON PARTNERSHIPS:
Service on Partnership Through Corporate Partner
BACKLOG
ITEMS
TIMELINESS OF ARBITRATION DEMAND:
Demand for Arbitration Need Only Be Posted
in Time, Even If Received Afterwards
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FAILURE TO ADVISE APPELLATE
COURT:
Sanction Imposed for Violation of Rule Requiring
Notification to Appellate Court If Issue Becomes Moot
POST-TRIAL MOTIONS:
Fifteen Days for Post-Trial Motion Is Extendable
LONGARM JURISDICTION IN REALTY
CASES:
Nondomiciliary with Only Beneficial Interest
in Local Realty Not Subject to Local Jurisdiction
SHERIFF'S LIABILITY:
Sheriff Is Liable to Creditor for Failure to
Carry Out Mandate
FEDERAL/STATE
PRACTICE
PRE-JUDGMENT RESTRAINING ORDER:
CPLR 5229, Which Allows Court to Restrain
Defendant from Disposing of Property Before Judgment, Applies in Fededal
Action
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