FEATURE ARTICLE:
SEEING 1991 AMENDMENT ON SERVING PARTNERSHIPS
AS ADDING NOTHING TO P'S OPTIONS, COURT SAYS IT SHOULD BE DISREGARDED
GENERAL
PRACTICE
SURROGATE'S COURT JURISDICTION:
Surrogate's Court Has No Jurisdiction to Hear
Wrongful Death Claim
ANOTHER "FELDMAN" LOAN:
Loan Approved Whereby P Ends Up with Recovery
Against 3d-Party Defendant Despite Main Defendant's Insolvency
ENFORCEMENT OF JUDGMENTS:
Third-Person's Failure to Cooperate in Judgment's
Enforcement Results in Fine of Whole Amount of Judgment: $1,400,000
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JURY TRIAL OF DAMAGES ISSUE?:
Defendant in Default for Failing to Depose
Waives Trial by Jury of Damages Even If Plaintiff Does Not
ARTICLE 16 APPORTIONMENTS:
Police Failure to Protect Wife from Husband's
Violence Is Conduct That Doesn't Get "Joint Liability" Adjustment
CONTEMPT BY CITY OFFICIAL:
City Official as Well as City Department Cited
for Contempt for Disobeying TRO
DOES RESPONSE TIME GET THE FIVE-DAY
ADD-ON WHEN PAPER TO BE RESPONDED TO WAS SERVED BY FAX?
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BACKLOG
ITEMS
LEAVE TO FILE LATE CLAIM:
Special Proceeding, Not Motion, Should Be
Used to Seek Leave to Serve Late Notice of Claim
VOLUNTARY "DISMISSAL" VERSUS
"DISCONTINUANCE":
"Voluntary Dismissal" in Federal Court Is
"Voluntary Discontinuance" in N.Y. and Gets No 6-Month Extension
SERVICE IN SUMMARY PROCEEDING:
Court-Ordered Service Is Allowed in Summary
Proceeding
SANCTIONS ON GOVERNMENT ATTORNEYS:
Delay in Raising Notice of Claim Omission
Until After Jury Picked Brings Waiver and Sanctions on Counsel
RESTITUTION OF $500,000 REQUIRED:
Plaintiff Getting $500,000 from Insurer Pending
Appeal Must Pay It All Back When Appeal Succeeds
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