FEATURE ARTICLE:
IN ANOTHER EXTENSIVE OPINION ON CPLR 3404,
SECOND DEPARTMENT HOLDS THAT JUDGE'S ACTION AT TIME OF CALENDAR STRIKING
DETERMINES WHETHER AND HOW RESTORATION IS TO FOLLOW LATER
NEW LAW
TRIAL SUBPOENAS "DUCES TECUM:
Amendment Requires That Subpoena Bear on
Its Face Notice That Copy of It Must Accompany the Produced Materials
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GENERAL PRACTICE
INTENTIONAL TORTFEASORS UNDER ARTICLE 16:
Court of Appeals to Review Issue
of Whether Unintentional Tortfeasor Can Have Reduction Based on
Conduct of Intentional Tortfeasor
COURT OF CLAIMS PRACTICE:
While Notice of Intention
or Claim Itself Must Be Received by AG Within Allotted Time, Motion
for Leave to File Late Need Only Be Posted Within Allotted Time
EXPERT DISCLOSURE IN MED
MAL CASE:
Faulting D for Trying to Draw Advantage
from P's Belated Disclosure of Expert When D Could Have Taken Steps
to Spare Itself Prejudice, Court Denies D Dismissal
CPLR 3126; SPOLIATION OF EVIDENCE:
Insured Has Distinct Claim Against Insurer
for Discarding Leaky Water Heater for Which Insured Faces Liability
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GETTING PAST NO-FAULT BARRIER:
Summary Judgment on Liability Implies "Serious
Injury" and Lets Case Stay in Court
ENFORCING FOREIGN JUDGMENTS:
Foreign Judgment That Passes Article 53
Test Means "Probability of Success" That Supports an Attachment
JUDGMENT PRIORITIES:
Casualness in Seeing to "Entry" Loses Priority
for Creditor Who Won Judgment
COMMENCEMENT OF ACTION:
Extension of 120-Day Period Is Available
Not Only When There Was No Service, But Also When Service Was Defective
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