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
|