FEATURE ARTICLE:
NEW LAWS CONTROVERSIAL CHANGE IN VENUE REQUIREMENTS
IN NEW CPLR 7502(a) POSES SIGNIFICANT ISSUES IN ARBITRATION CASES
Part I
Remedy for Defective Venue
 GENERAL
PRACTICE
NO-FAULT:
Court Reviews Proof Plaintiff Needs to
Show That "Serious Injury" Threshold Is Satisfied (Supporting Fault
Suit)
IDENTIFYING EXPERTS:
Expert Barred from Trial Because Not Identified
Before Trial Can't Testify at Retrial After Hung Jury
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GUARDIAN FOR ARBITRATION?:
Supreme Court Says It Has No Jurisdiction
to Appoint Guardian to Represent Incapacitated Person in Arbitration
TORT SETTLEMENTS:
Does Whalen Case, on Applying P's Share
of Fault When Non-Settlor Fails to Inject Fault of Settlor, Also Govern
When Settlor's Share Does Get Injected?
NOTICE TO ADMIT:
How to Offer Formal Admissions into Evidence
BACKLOG
ITEMS
MAIL VERSUS CERTIFIED MAIL:
Service of Motion Papers by Certified Mail
When Only Ordinary Mail Is Indicated Held to Give No Jurisdiction
of Motion
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TORT SETTLEMENTS:
Release of Employer Doesn't Protect It
from Impleader by Defendant Sued by Employee
PRELIMINARY INJUNCTIONS:
Although Amount of Undertaking Exacted
on Preliminary Injunction Is Discretionary, Giving One Is Mandatory
WITHDRAWAL OF COUNSEL:
Mere Withdrawal of Counsel, With or Without
Client's Consent, Doesn't Invoke Automatic 30-Day Stay |
