SPR - February 1999 Headlines & Topics


FEBRUARY 1999

Overview of topics...

Lead Note:

AS LONG AS D HAS NOT WAIVED JURISDICTIONAL OBJECTION, D'S MOTION TO DISMISS MAY BE GRANTED DESPITE TARDINESS, POSING LIMITATIONS DILEMMA FOR P

General Practice:

What Time Period to Apply to "Brown" Claim (Damages Claim Against State for Constitutional Violation)
District Adopts Rule Imposing Time Limits on Expert Disclosure
Judgment Debtor's Exposure to Subpoena While Here to Take Part in Unrelated Case
Treating Appeal from Unappealable Ex Parte Order as Motion under CPLR 5704, and Entertaining It
Trying to Get Records of New York Lawyers for Use in Foreign Litigation
Proposal to Allow Deposition by Telephone in New York Practice

Backlog Items:

Furnishing Copies of Videotaped Depositions
Failing to Notify AG Bars Court from ConsideringConstitutional Attack on State Statute
For Prisoner, Mere Mailing of Unsigned Order to Show Cause Can Commence Proceeding
N.Y. Action Filed Last But at Issue First Isn't Dismissed in Deference to Foreign Action

Open Citations:

Floyd (Issue 72:Page 2): 249 A.D.2d 139, 672 N.Y.S.2d 30.
Carinha (78:4): 178 Misc.2d 635, 679 N.Y.S.2d 901.
John (79:2): 178 Misc.2d 664.

ARTICLE HEADLINES

FEATURE ARTICLE:
AS LONG AS D HAS NOT WAIVED JURISDICTIONAL OBJECTION, D'S MOTION TO DISMISS MAY BE GRANTED DESPITE TARDINESS, POSING LIMITATIONS DILEMMA FOR P

GENERAL PRACTICE

FLESHING OUT "BROWN" CLAIM:
App Div Determines Statute of Limitations to Be Applied to "Constitutional Tort" Against State

EXPERT DISCLOSURE:
Because of Indecisive Caselaw on Time for Responding to Expert Disclosure Demand, One District Adopts a Rule of Its Own

IMMUNITY RE SUBPOENA SERVICE:
Service of Ordinary Subpoena on Nonresident Judgment Debtor in New York to Testify on Unrelated Matter Is Upheld

EX PARTE ORDERS:
Although Ex Parte Order Is Not Appealable, Appellate Court Can Treat Appeal as CPLR 5704 Application and Review Merits

DISCLOSURE TO AID FOREIGN ACTION:
Upon Application for Protective Order, Court Quashes Subpoena Issued to Aid Disclosure in Foreign Action

DEPOSITION BY TELEPHONE?:
Proposal Pending to Allow Telephone Deposition in New York

BACKLOG ITEMS

VIDEOTAPED DEPOSITIONS:
Party Taking Videotape Deposition Must Furnish Free Copy to Other Side

CASE INVOLVING CONSTITUTIONALITY:
If Attorney General Has Not Been Notified of Constitutional Attack on New York Statute, Court Won't Consider the Attack

COMMENCING SPECIAL PROCEEDING:
Pro Se Prisoner's Mere Mailing of Order to Show Cause in Time for Signing by Judge Constitutes Commencement

OTHER ACTION PENDING:
No Deference to Foreign Action Brought by Y Only After Learning That X Intended to Bring Suit