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FEATURE ARTICLE:
"DEEMED DISMISSED" FEATURE OF FILING SYSTEM
ABOLISHED; COURT GIVEN DISCRETION TO EXTEND TIME FOR SERVICE--PART
IV
- Availability of Court-Ordered Service
under CPLR 308(5) as Relating to Time Limit on Service
- No Immediate Assignment of Judge, as
in Federal Practice
- New Statute Aids Service by Publication
- Extending the Time for Service Without
Good Cause?
- Flexibility Avoids Mandatory Vacatur
of Default Judgment for Mere Tardiness
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 TRACKING
THE NEW LAWS
RETROACTIVITY OF OMNIBUS WORKERS'
COMP ACT:
"Grave Injury" Standard Doesn't Apply to Accidents
Occurring Before 9/10/96, Even If Action and Impleader Occur Afterwards
MALPRACTICE STATUTE OF LIMITATIONS:
Amendment That Reduces Malpractice Statute
to Three Years Can't Be Applied to Actions Commenced Before Its Effective
Date
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GENERAL
PRACTICE
ADULTS' LIABILITY FOR ALCOHOL
INJURIES:
Person Liable for Giving Alcohol to Person
Under 21 Does Get Advantage of Article 16 Adjustment if Not More Than
50% at Fault
STAY ON APPEAL:
Stay Lost by Using Only Affidavit of Intent
to Move for Leave to Appeal Instead of Actual Motion Papers
Trying to Set Venue of Motion in "Adjoining"
County Under IAS System |
