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NOVEMBER 1996
 
Overview of topics...

Lead Note:

NEW LAWS-- STRICT TIME LIMIT PLACED ON MOTION FOR SUMMARY JUDGMENT

More New Laws:

 

  • Sheriffs' Fees on Small Claims Judgments
  • 10-Year Cutoff on Claims Against Engineers and Architects?

Tracking the New Laws:

 

  • More Holdings on Retroactivity of Workers' Comp Bill
  • Do Third-Party Defendants Get Separate Set of Peremptories?

The Filing System:

 

  • Six Months, or Just 120 Days, for New Action After Dismissal for Not Filing Proof?
  • Can't Just "Withdraw" Challenged First Action and Re-Serve with Same Index Number

General Practice:

 

  • First Dep't Adopts Third's Position on Calendar Restorations under CPLR 3404
  • Corporate "Residence" for Venue Purposes Differs in Civil Court
  • Effect of Failure to Name Individual Lawyers on Malpractice Claim Against P.C.

Open Citations:

 

  • DiPiano (Issue 42/Pages 1-2): 221 A.D.2d 182.
  • Howarth (42/2): 221 A.D.2d 318.
  • Draves (45/2): 168 Misc.2d 314, 642 N.Y.S.2d 1022 (Apr. 30, 1996).
  • Bronxville (45/2): 221 A.D.2d 248.
  • Cascio (45/3): 221 A.D.2d 494.
  • Hudson (46/3): 222 A.D.2d 163, 644 N.Y.S.2d 512.

 ARTICLE HEADLINES

FEATURE ARTICLE:

 NEW LAWS

STRICT TIME LIMIT PLACED ON MOTION FOR SUMMARY JUDGMENT

SHERIFFS' FEES:
For Executions on Small Claims Judgments in Town and Village Courts, Sheriff No Longer to Collect Fee in Advance

ARCHITECTS AND ENGINEERS:
Special Statute of Limitations Restrictions Enacted for Cases Against Architects and Engineers

 
TRACKING THE NEW LAWS

THE WORKERS' COMPENSATION:
BILL Holdings That Bill Is Not Retroactive Continue to Predominate

 
THE PEREMPTORY CHALLENGES BILL:
Early Decision Says Third-Party Defendants Must Share Main Defendant's Peremptories; They Don't Get Separate Set

 THE FILING SYSTEM

TIME FOR NEW ACTION:
Time for New Action After First "Deemed Dismissed" for Failure to File Proof of Service Is Six Months, Not Mere 120 Days

MORE PITFALLS:
On Service Challenge by D, P Can't Just "Withdraw" Papers and Re-Serve Them Under Same Index Number; Must Commence Anew

 
 GENERAL PRACTICE

MOTION TO RESTORE TO CALENDAR:
First Dep't Adopts Third's Position: Motion to Restore Need Only Be Made Within the Year

CORPORATE RESIDENCE FOR "VENUE":
In Civil Court, Corporation Can Have Multiple Residences, Unlike Supreme Court Under the CPLR

LIABILITY OF LAW PARTNERS--FAILING TO NAME INDIVIDUAL LAWYERS ON MALPRACTICE CLAIM AGAINST P.C. BARS JUDGMENT AGAINST THEM; WHAT'S THE CURE?

         
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