SPR - November 1998 Headlines & Topics


NOVEMBER 1998

Overview of topics...

Lead Note:

PROBLEM OF INADEQUATE TIME FOR SERVICE AFTER FILING SPECIAL PROCEEDING; AVAILABILITY OF EXTENSION OF TIME

General Practice:

Mere Filing of Motion to Add X as Party Is Deemed Commencement Against X
More Henry Fallout: Mere Existence of Parent Doesn't Cancel Toll for Infancy
Effect of D-2's Failure to Oppose P's Effort to Discontinue Against D-1
Does Violation of 60-Day Entry Rule Divest Court of Jurisdiction?
When May Matrimonial Action Be Discontinued by Mere Notice?

Federal Practice:

Continuing Dispute on When 30-Day Period Starts for Removing New York Action to Federal Court
Comparing New York and Federal Law on Prejudgment and Postjudgment Interest

Backlog Items:

Corporate Officer Knowledgeable Enough to Verify May Be Too Ignorant to Depose
Procedural Mode of Raising Objection of "Standing"
Class Plaintiffs' Lawyers Disqualified for Recording Talk with Defendant

Open Citations:

Warner (Issue 69:Page 1): 246 A.D.2d (not Misc.2d) 535.
Phoenix (69:3): 245 A.D.2d 164.
Bell (71:1): 246 A.D.2d 442.
Henry (74:2): 244 A.D.2d 93, 676 N.Y.S.2d 616.
Coastal (76:2): 246 A.D.2d 445.

ARTICLE HEADLINES

FEATURE ARTICLE:
PROBLEM OF INADEQUATE TIME FOR SERVICE AFTER FILING SPECIAL PROCEEDING; AVAILABILITY OF EXTENSION OF TIME

GENERAL PRACTICE

ADDING PARTIES:
Filing of Mere Motion to Add X as Party Can Be Deemed to Start Action Against X for Limitations Purposes

FALLOUT FROM HENRY CASE:
Argument That Mere Existence of Parent Bars Toll for Infancy Is Rejected

ARTICLE 16:
To Preserve Article 16 Rights, Defendant Should Oppose Discontinuance Against Co-Defendant

60-DAY ENTRY RULE:
Passing of 60-Day Period for Entering Judgment or Order Is Not Jurisdictional; Late Entry Is Valid Unless Court Acts

DISCONTINUANCE IN MARITAL ACTION:
When Mere Notice Starts Marital Action, Plaintiff's Time to Discontinue Remains Open Until After Complaint Is Served

FEDERAL PRACTICE

REMOVAL TO FEDERAL COURT:
Fourth Circuit Says Removal Must Be Apparent from Initially Served Paper in Order to Start Removal Time

PREJUDGMENT INTEREST:
Comparing New York and Federal Rules on Awarding Prejudgment Interest

BACKLOG ITEMS

CORPORATE VERIFICATIONS:
Officer's Verifying Corporate Pleading Doesn't Mean Adverse Party Can Compel That Officer to Depose for Corporation

"STANDING" TO SUE:
Objection of "Standing" Is Same as Want of Capacity to Sue; It Must Therefore Be Pleaded or Moved on or Is Waived

CLASS ACTIONS:
Recording of Talk with Defendant by Class Plaintiffs' Lawyers Who Knew That Defendant Had Counsel Brings Disqualification