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SEPTEMBER 1999
 
Overview of topics...

Lead Note:

NEW LAWS AFFECT SERVICE ON LIMITED PARTNERSHIPS, LIMITED LIABILITY PARTNERSHIPS, LIMITED LIABILITY COMPANIES, AND EVEN ORDINARY BUSINESS AND NOT-FOR-PROFIT CORPORATIONS

Tracking Recent Laws:

 

  • No Sanction for Failing to Show If Substitute Lawyer Appears and Is Ready to Proceed
  • Must Cross-Motion for Summary Judgment Be Measured by the CPLR 3212(a) Time Limits?

General Practice:

 

  • Extra High Standard of Proof Exacted of Defendant for "Collateral Source" Deduction
  • Treating Physician Is Not "Expert" for Purposes of CPLR 3101(d)(1)(i) Demand

Federal/New York Interaction:

 

  • Contempt Proceeding Against Nonparty for Violating Order of State Court Is Removable
  • Even in Federal Action, Application to File Late Notice of Claim Must Be Made in State Court

Open Citations:

 

  • Morchik (Issue 86:Pages 3-4): 257 A.D.2d (not Misc.2d) 534.

 ARTICLE HEADLINES

FEATURE ARTICLES:
NEW LAWS AFFECT SERVICE ON LIMITED PARTNERSHIPS, LIMITED LIABILITY PARTNERSHIPS, LIMITED LIABILITY COMPANIES, AND EVEN ORDINARY BUSINESS AND NOT-FOR-PROFIT CORPORATIONS
  • Service on Corporations
  • Service on Partnership
  • Service on Limited Partnership
  • Service on Limited Liability Partnership (LLP)
  • Service on Limited Liability Company
  • Actual Mechanics of Service
  • Court-Ordered Service
  • When Is Service Outside the State Permissible?
  • Using Ordinary Mail Under CPLR 312-a
  • A Hint: In Doubtful Cases, Use the Secretary of State

 

 
 TRACKING RECENT LAWS

SANCTIONS FOR FAILING TO SHOW:
No Sanction for Nonappearance When Substitute Attorney Shows Up Prepared to Go Forward

TIME FOR SUMMARY JUDGMENT MOTION:
If Application for Summary Judgment Is Made by Cross-Motion, Is It Subject to the CPLR 3212(a) Time Limits?

 GENERAL PRACTICE

COLLATERAL SOURCE RULE:
D Must Show Collateral Source Duplication by "Clear and Convincing Proof"

 
DISCLOSING EXPERT WITNESSES:
Treating Physician Set to Be "Expert" at Trial Need Not Be So Identified Under CPLR 3101(d)(1)(i)

 FEDERAL/NEW YORK INTERACTION

REMOVAL TO FEDERAL COURT:
Contempt Proceeding Against Nonparty for Violating Order of State Court Is Independent Proceeding and Hence Removable

NOTICE OF CLAIM:
Even Though Action Is in Federal Court, Application to File Late Notice of Claim Must Be Made in State Court
         
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