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APRIL 1997
 
Overview of topics...

Lead Note:

FIRST APPELLATE CASE TO ADDRESS RETROACTIVITY OF OMNIBUS WORKERS' COMPENSATION BILL HOLDS THAT IT IS NOT RETROACTIVE

Tracking the New Laws:

 

  • Federal Courts Join Issue on Applying Reduced Malpractice Period In Pending Cases
  • More on Whether Time Limit on Summary Judgment Motion Is Retroactive

The Filing System:

 

  • Strict Compliance Required But Defects Are Waivable; Prior Decisions Need Reconsidering

General Practice:

 

  • Ironic Turn: Plaintiff's Own Filing Omission Saves Plaintiff's Case
  • Has Judgment Creditor Claim Against 3d Person for Delay in Responding to Info Subpoena?
  • Serving Notice of Claim Doesn't Cancel Toll Infant Has For Suit
  • Tortfeasor with "Non-Delegable" Duty Not Entitled to Article 16 Adjustment of Joint Liability
  • Dismissal for Failure to Furnish Expert Data Deemed to Be on Merits, Barring New Action

Backlog Items:

 

  • No 5-Day Mail Extension if "Receipt" of Paper Marks Responding Time
  • What Is Proper Venue of Motion to Vacate Confessed Judgment?

Open Citations:

 

  • Koschak (Issue 47/Page 4): 225 A.D.2d 315.
  • Hopper (49/4): 224 A.D.2d 733.
  • Majewski (51/3): 169 Misc.2d 429, 653 N.Y.S.2d 822.
  • Ryan (53/3): 224 A.D.2d 804.

 ARTICLE HEADLINES

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

 
 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

 
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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