FEATURE ARTICLE:
"DEEMED DISMISSED" FEATURE OF FILING SYSTEM
ABOLISHED; COURT GIVEN DISCRETION TO EXTEND TIME FOR SERVICE--PART
I
NEW STATUTE APPLIES ONLY TO ACTIONS COMMENCED
AFTER JAN. 1, 1998; HOW TO PROCEED UNTIL THEN
- New Law Not Effective Until January 1st
- Warning: Don't Assume Too Much; Learn from the Past
- Any Retroactivity for the New
CPLR 306-b?
- Should Plaintiffs Delay Suit Until After January 1st?
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THE
FILING SYSTEM
IN REM FORECLOSURES:
"Commencement" Moment in Real Property Foreclosures
in Rem Is When List of Delinquent Taxpayers Is Filed in Court
STATUTE OF LIMITATIONS BREAK:
If Some of 120-Day Period Still Left When Improper
Service Shown, Court Should Just Allow New Service
NEW
LAWS
ARBITRATION OF INFANT'S CLAIM:
Court Order No Longer Required for Arbitration
of Infant's Claim in Uninsured Motorist Cases
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WHICH PAPER TO APPEAL?:
Amendment Provides That Appeal from Order Is
Deemed to Specify Judgment Later Entered on the Order
GENERAL
PRACTICE
MATRIMONIAL ACTION VENUE:
Setting Matrimonial Venue in County of Neither
Side's Residence Is Not Disciplinary Violation
PROOF FOR DEFAULT JUDGMENT:
Attorney's Verification, While Sometimes Adequate
for Pleading, Can't Serve as Affidavit on Application for Default
EXPERT DISCLOSURE:
Medical Expert's Name Can't Be Concealed in
Legal Malpractice Action Brought for Failure to Prosecute Med Mal
Claim
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