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AUGUST 1999
 
Overview of topics...

Lead Note:

NEW LAWS

 

  • Loser Who Itself Mails Notice of Entry Gets Extra Time for Appealing
  • "Experiment" Allowing City Marshals to Enforce Supreme Court Judgments Extended for Five Years

General Practice:

 

  • Using Party's Unexecuted Deposition on a Motion
  • First Department Joins the Others: Health Insurer Can't Intervene to Press Insurance-Covered Items
  • Punitive Sanction Imposed for Opposing Motion with "Knee-Jerk" Cross-Motion for Sanctions

Backlog Items:

 

  • Loser Who Would Exploit Recent Change in Law Must Advise Court Promptly
  • Special Proceeding Can Be Used to Seek Pre-Action Disclosure

Open Citations:

 

  • Morales (Issue 71:Page 3, and 83:1): 256 A.D.2d 608, 683 N.Y.S.2d 127.
  • Jusino (84:2): 255 A.D.2d 41, 691 N.Y.S.2d 12.
  • Ploski (84:3): 688 A.D.2d 627, 255 N.Y.S.2d 24.
  • Russo (85:2): 256 A.D.2d 566. Pyron (85:2): 256 A.D.2d 204.
  • Derfner (85:2): 257 A.D.2d 431.

 ARTICLE HEADLINES

FEATURE ARTICLE:

 NEW LAWS

NEW LAW -- EFFECTIVE ALREADY (AND WITH A FEW PITFALLS) -- PRESCRIBES PRACTICE ON MOTIONS TO REARGUE OR RENEW
  • The Motion to Reargue
  • The Motion to Renew
  • Combining Motion to Reargue and Motion to Renew
  • Appealing an Order Made on A Motion to Reargue or Renew
  • Transition Cases




 
TIME TO APPEAL:
Amendment Gives Loser, Too, Extra Time to Appeal When Loser, Instead of Winner, Serves the Notice of Entry by Mail, Etc.

JURISDICTION OF CITY MARSHALS:
Jurisdiction of City Marshals Over Supreme Court Judgments Extended to June 30, 2004

 GENERAL PRACTICE

USING UNEXECUTED DEPOSITIONS:
If Deposition, Duly Certified by Officer, Is Party's, It Can Be Used on Motion Without Signing by Party

NO INTERVENTION BY HEALTH INSURER:
First Department Joins the Others: No Intervention for Health Insurer to Control Proof of Health-Insured Damages


 
FRIVOLITY SANCTIONS:
Punitive Sanction Imposed to Discourage Party Opposing Motion from Making "Knee-Jerk" Cross-Motion for Sanctions

 BACKLOG ITEMS

EFFECT OF CHANGE IN LAW:
To Take Advantage of Change in Law, Litigant in Pending Case Must Advise Court of It Promptly

PRE-ACTION DISCLOSURE:
Request for Pre-Action Disclosure Can Take Form of Special Proceeding

         
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