FEATURE ARTICLE:
FIRST APPELLATE CASE TO ADDRESS RETROACTIVITY
OF OMNIBUS WORKERS' COMPENSATION BILL HOLDS THAT IT IS NOT RETROACTIVE
TRACKING
THE NEW LAWS
LEGAL MALPRACTICE STATUTE OF LIMITATIONS:
Cases Accumulating Against Retroactive Application
of Statute That Reduces Malpractice Period from Six to Three Years
SUMMARY JUDGMENT TIME LIMIT:
Another Case Holds Time Limit on Summary Judgment
Motion Doesn't Apply in Pending Actions
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THE
FILING SYSTEM
STRICT APPLICATION OF FILING
RULES:
Court of Appeals Decisions Have Impact on Earlier
Appellate Division and Lower Court Cases
GENERAL
PRACTICE
TIME FOR ENTERING DEFAULT:
Plaintiff's Action Is Saved by Plaintiff's
Own Filing Omissions
HAS JUDGMENT CREDITOR CLAIM AGAINST THIRD PERSON
FOR FAILING TO RESPOND TO INFORMATION SUBPOENA ABOUT DEBTOR'S ASSETS?
TOLL FOR INFANCY:
Guardian's Service of Notice of Claim Doesn't
Cancel Statute of Limitations Toll That Infant Is Otherwise Entitled
T
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ARTICLE 16 ISSUE:
Defendant with "Non-Delegable" Duty Can't Rely
on Reduced Exposure under Article 16 of CPLR
FURNISHING EXPERT DATA:
Dismissal for Failure to Furnish Expert Data
Held to Be on Merits, Barring New Action
BACKLOG
ITEMS
THE 5-DAY MAIL EXTENSION:
If Particular Statute Starts Responding Time
from Receipt of Paper, Receipt Marks Service and There's No 5-Day
Mail Extension
VACATING CONFESSED JUDGMENT:
Proper Venue of Action to Vacate Confessed
Judgment Is County of Its Rendition
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