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JULY 1996
 
Overview of topics...

Lead Note:

NEW LAWS ON SIGNING AND USING DEPOSITIONS
Time Limit of 60 Days Imposed on Signing and Returning Depositions; Changes After the 60 Days Are Barred

The Filing System:

 

  • How Long for New Action When Both "Proof" and "Improper Service" Grounds Are Present?

General Practice:

 

  • Waiver of Jury Trial When Both Legal And Equitable Claims Are Interposed
  • "Traveling Transcript" Rejected by Appellate Division
  • Enforcing Lower Court Judgment Against Real Property

Backlog Items:

 

  • Service Complications in Adding Parties to Proceedings Testing Arbitrability
  • Res Judicata Versus Collateral Estoppel for Small Claims

Federal/State Practice:

 

  • In Federal Court, No Automatic Stay on Appeal by Municipality

Open Citations:

 

  • Lee Crossley (Issue 40/Page 2): 167 Misc.2d 183, 638 N.Y.S.2d 274.
  • 133-135 Covent (40/3): 217 A.D.2d 411.
  • Jannello (44/3): 167 Misc.2d 239.

 ARTICLE HEADLINES

FEATURE ARTICLE:
NEW LAWS ON SIGNING AND USING DEPOSITIONS
Time Limit of 60 Days Imposed on Signing and Returning Depositions; Changes After the 60 Days Are Barred


Deposition Even of Party Who Settles Out May Be Used by Remaining Party If Interest Was Adverse at Time of Deposition

 THE FILING SYSTEM

Risks When Two Dismissal Grounds Interplay: One for Not Filing Proof of Service and the Other for Defective Service

 
 GENERAL PRACTICE

WAIVER OF TRIAL BY JURY:
Problem of Waiver When Legal and Equitable Demands Are Joined; Additional Problem When Counterclaim Is Asserted

APPELLATE RECORDS:
"Traveling Transcript" of Four Folios Per Page Held Unacceptable in Appellate Record or Appendix

ENFORCEMENT IN LOWER COURTS:
To Enforce Civil Court Judgment Against Realty, Judgment Creditor Must Use Supreme Court via Transcripting Procedure

 
 BACKLOG ITEMS

ADDING PARTIES TO ARBITRATION:
Complicated Service Demands When Adding Parties to Special Proceedings Brought to Test Arbitrability

RES JUDICATA FOR SMALL CLAIMS:
Small Claims Judgment Does Get Res Judicata Effect; Only Issue Preclusion (Collateral Estoppel) Effect Is Barred


 FEDERAL/STATE PRACTICE

No Automatic and Bond-Free Stay for Municipality Taking an Appeal in Federal Court

         
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