NOTE ON NEW LAWS
FEATURE ARTICLE:
ORIGINAL PROCEEDINGS IN APPELLATE DIVISION
NOW ALSO REQUIRE FEE
OTHER NEW LAWS STARTING APPEAL
TIME:
New Law Requires Service of Judgment by Party
Before Appeal Time Starts; Service by Court No Longer Suffices
COUNTERCLAIMS IN SMALL CLAIMS
CASES:
Amendment Requires Early Interposition of Counterclaim
by Small Claims Defendant
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SERVICE BY MAIL:
Ordinary Process Server Now Authorized to Make
Service by Mail
GENERAL
PRACTICE
LOSS OF CONSORTIUM:
Conflict on Whether Consortium Claim Is Adjunct
of Main Claim, Whose Settlement Bars Its Separate Prosecution
JOINDER OF PARTIES:
Time for Joining New Defendant as of Right
Runs from Answer of Last Defendant Served
PENALTIES FOR LATE PAYMENT:
Plaintiff Who Cashes Late Check for Settled
Sum Still Entitled to Penalties; and Date of Check's Mailing, Not
Receipt, Is Key
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ODE TO THE BRONX:
Phony "Move" to Bronx to Secure Favored Venue
for Personal Injury Action Doesn't Work
ADULTS' LIABILITY FOR ALCOHOL
INJURIES:
No Article 16 (Joint Liability) Release for
Adults Furnishing Alcohol to Minor Who Causes Injury
BACKLOG
ITEMS
ATTORNEYS' FEES:
Attorney's Fee Is Awarded to Bank Forced to
Participate in a "Tortuous" Interpleader
POWERS OF GUARDIAN AD LITEM:
Mere Guardian Ad Litem Held Not Qualified to
Apply for Turnover of Proceeds of Ward's Action
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