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MARCH 1997
 
Overview of topics...

Lead Note:

CASES AGAINST RETROACTIVITY OF OMNIBUS WORKERS' COMPENSATION ACT PREDOMINATE; THIRD DEPARTMENT CALENDARS APPEAL

Tracking the New Laws:

 

  • A Bevy of Conflicts:
      - Conflict on Whether Amendment Limiting Time for Summary Judgment Motion Is Retroactive
      - Conflict on Whether Amendment Reducing Legal Statute of Limitations from 6 to 3 Years Is Retroactive

General Practice:

 

  • Can Defaulter Get Back In Through Intervention?
  • Should Court Supersede Mother Who Refuses Settlement of Disabled Infant's Claim?
  • Conflict Over Application of Forum Non Conveniens Doctrine in Lower Courts

Backlog Items:

 

  • Consequence of Answering Complaint Before It's Served
  • Third-Party Defendant's Act as Redounding to Benefit of Main Defendant
  • Public Access to Deposition Sessions

 ARTICLE HEADLINES

FEATURE ARTICLE:
CASES AGAINST RETROACTIVITY OF OMNIBUS WORKERS' COMPENSATION ACT PREDOMINATE; THIRD DEPARTMENT CALENDARS APPEAL

 TRACKING THE NEW LAWS

SUMMARY JUDGMENT TIME LIMIT:
Cases Conflict on Whether New Time Limit on Summary Judgment Motion Applies in Pending Actions

LEGAL MALPRACTICE STATUTE OF LIMITATIONS:
Conflict: Amendment Reducing Legal Malpractice Limitations to Three Years Held Retroactive, and Pending Action Dismissed

 


 GENERAL PRACTICE

RE-ENTRY BY DEFAULTER?:
Defaulting Third-Party Defendant Barred from Afterwards Intervening

PARENT'S RESISTANCE TO SETTLEMENT:
Court Divides, 3-2, on Whether to Have Guardian Appointed to Approve Settlement That Mother Refuses

CIVIL COURT FORUM NON CONVENIENS:
Different Judge in Same Court (Queens Civil) Refuses "Conveniens" Dismissal, Disagreeing with Recent Case

 
 BACKLOG ITEMS

PRE-SERVICE APPEARANCE?:
Answering Complaint Before Its Service Waives Jurisdictional Objection

THIRD-PARTY PRACTICE:
D, Without Moving or Appealing, Gets Fruits of 3d-Party Victory in Getting P's Claim Dismissed

PRESS ACCESS TO DEPOSITIONS:
Court Offers Extensive Treatment of Issue of Public Access to Pretrial Proceedings in Matrimonial Actions

         
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