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AUGUST 2000
 
Overview of topics...

Lead Note:

IS NEW FILING FEE REQUIRED WHEN LOWER COURT JUDGMENT SEEKS ENFORCEMENT IN SUPREME OR COUNTY COURT?

Tracking the New Laws:

 

  • 90 Days Remain Available for No-Fault Claims as Stay of Court Decision Is Denied
  • Rule About New Proof on Renewal Motion Gets Tighter

General Practice:

 

  • Limitations' Dismissal of Arbitration Claims Supports Res Judicata Defense Just as If Merits Had Been Tried
  • Civil Court Judgment on Merits After TransferGets Overturned Because No Transfer Should Have Been Made
  • Under "Continuous Representation" Rule, Firm's Efforts Get Imputed to Departed Lawyer and Preserve Legal Malpractice Claim
  • Court Allows Default Judgment Against Driver When Car Owner's Insurer Refuses Defense
  • Presence of Doorman Bars Affix-and-Mail Method of Service
  • Applicability of CPLR 3404 (Automatic Dismissal of Abandoned Cases) in Lower Courts

Backlog Items:

 

  • Court-Ordered Service Allowable on Unknown Defendant?
  • Does Mediator's Letter Suffice as Settlement Stipulation?

Open Citations

 

  • Ulster (Issue 94:page 2): 183 Misc.2d 893, 705 N.Y.S.2d 880 (Rensselaer County).

  • Incanno (95:2): 269 A.D.2d 497.


 ARTICLE HEADLINES

FEATURE ARTICLE:
IS NEW FILING FEE REQUIRED WHEN LOWER COURT JUDGMENT SEEKS ENFORCEMENT IN SUPREME OR COUNTY COURT?

 TRACKING THE NEW LAWS

TIME FOR NO-FAULT APPLICATION:
Regulation Purporting to Limit Time for No-Fault Application Remains Inoperative During Appeal Process

CHANGE IN RENEWAL MOTIONS:
No Longer May Renewal Motion Be Entertained Without Showing Excuse for Omitting Facts Earlier


 GENERAL PRACTICE

STATUTE OF LIMITATIONS:
Limitations' Dismissal of Arbitration Claims Supports Res Judicata Defense Just as If Merits Had Been Tried

 
LAWYER'S MALPRACTICE:
Lawyer Who Left Firm Years Earlier Still on Hook for Malpractice If Firm Is

DEFAULT BY INSURER?:
Court Allows Default Judgment Against Driver When Insurer, Defending Owner, Refuses Defense for Driver

CPLR 325(d) TRANSFERS: JUDGMENT ON MERITS RENDERED IN CIVIL COURT AFTER TRANSFER DOWN BY SUPREME COURT NOW GETS REVERSED BECAUSE APPELLATE TERM DECIDES THAT SUPREME COURT SHOULDN'T HAVE TRANSFERRED IT

SERVING DOORMAN:
If Doorman Bars Access, Process Should Be Left Near Doorman With Statement of Purpose; Can't Resort to Affix-and-Mail
 
DISMISSAL OF ABANDONED CASES:
Civil Court Rule, Equivalent of CPLR 3404, Doesn't Provide for Automatic Dismissal of Stricken Cases

 BACKLOG ITEMS:

SERVICE ON UNKNOWN DEFENDANT:
Court Ordered Service Under CPLR 308(5) Okay on Unknown Defendant

SETTLEMENT STIPULATIONS:
Mere Letter from Mediator Indicating Settlement Doesn't Suffice as Stipulation

         
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