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DECEMBER 1996
 
Overview of topics...

Lead Note:

THE FILING SYSTEM COMPLICATIONS IN CPLR 3213 CASES: FILING IN TIME BUT THEN SERVING PAPERS BEARING EXPIRED RETURN DATE BRINGS DISMISSAL

The Filing System:

 

  • Confusing Courts by Bringing "Filing" Claim in "Service" Court

Another New Law:

 

  • Separate Consumer Credit Plaintiffs May Now Join Claims

General Practice:

 

  • Attempting to "Implead" a Plaintiff
  • Muddling Distinction Between "Submit" and "Settle" Order

Backlog Items:

 

  • Difference Between Bond on Attachment and Bond on Injunction
  • Applying 60-Day Entry Rule After Bench Trial
  • Can Arbitrators Order Pretrial Disclosure?

Open Citations:

 

  • Kheyfets (Issue 50/Page 4): 647 N.Y.S.2d 982.

 ARTICLE HEADLINES

FEATURE ARTICLE:
THE FILING SYSTEM COMPLICATIONS IN CPLR 3213 CASES: FILING IN TIME BUT THEN SERVING PAPERS BEARING EXPIRED RETURN DATE BRINGS DISMISSAL

CONFUSING COURTS:
Many Problems When Case Intended for "Filing" Court Is Mistakenly Brought in Lower "Service" Court

 ANOTHER NEW LAW

JOINDER OF CLAIMS:
Up to Five Separate Consumer Credit Claims May Now Be Joined Against the Same Defendant

 
 GENERAL PRACTICE

SUPERFLUOUS IMPLEADER:
D Not Only Need Not, but Cannot, Implead P for Contribution or Indemnification; Mere Counterclaim Suffices

THE 60-DAY ENTRY RULE: MUDDLING THE DISTINCTION BETWEEN "SUBMIT JUDGMENT" AND "SETTLE JUDGMENT" AND ABANDONING A VICTORY AS A RESULT

 BACKLOG ITEMS

PROVISIONAL REMEDY BONDS:
Difference Between Bond on Attachment and Bond on Preliminary Injunction

 
MORE ON THE 60-DAY RULE:
Applying Rule to Bench Trial, 4th Dep't Holds Plaintiff to $5000 Forfeiture for 11 Months Delay in Submitting Judgment

DISCLOSURE IN ARBITRATION:
Arbitrators Can't Direct Parties to Make Pretrial Disclosure

         
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