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December 2001
 
Overview of topics...

Lead Note:

NEW LAW ... AMENDMENT—ALREADY EFFECTIVE—ALLOWS FILING OF PETITION ALONE TO CONSTITUTE COMMENCEMENT

General Practice:

  • Failure to Answer Motion by Serving Papers at Least 7 Days Before Return Date Results in Grant of Summary Judgment
  • Defaulting Defendant B Is Not Entitled to Deduction for Settlement Made by Defendant A
  • Judicial Hearing Officer Can Make Fact Findings on Which Contempt May Be Based, But Must Leave Conclusions to Court
  • Loser in Court-Rule Arbitration Must Seek Trial de Novo Within 30 Days, And Confirmation of Award by Winner Is Not Required
  • Case Shows How Double Bonding Works in Lis Pendens Case, and How Amount of Each Bond Is Figured
  • Do CPLR 308 Service Requirements About Mailing Conflict with Post Office's Anthrax Warning About "Personal and Confidential" Mail?
  • Specific Notice to Judgment Debtor, Required for Restraining Notice and Execution, Is Applied Also to "Turnover" Direction

Backlog Items:

  • Treating MD Can Testify on Causation Although P Doesn't Identify Him as Expert
  • Dismissal for Failure to Certify Paper Is Not Res Judicata of Merits

 ARTICLE HEADLINES

FEATURE ARTICLE:

NEW LAW

AMENDMENT—ALREADY EFFECTIVE— ALLOWS FILING OF PETITION ALONE TO CONSTITUTE COMMENCEMENT

GENERAL PRACTICE

TIME FOR ANSWERING PAPERS:
Failure to Answer Summary Judgment Motion by Serving Papers at Least 7 Days Before Return Date Results in Grant of the Motion

SETTLEMENT IN TORT CASE:
Defaulting Defendant B Is Not Entitled to Deduction for Settlement Made by Co-Tortfeasor A

 
POWERS OF JHO:
Judicial Hearing Officer Can Make Fact Findings on Which Contempt May Be Based, But Must Leave Conclusions to Court

COURT-RULE ARBITRATION:
Loser in Court-Rule Arbitration Must Seek Trial de Novo Within 30 Days, And Confirmation of Award by Winner Is Not Required

ANTHRAX IMPACT ON PRACTICE?:
Do CPLR 308 Service Requirements About Mailing Conflict with Post Office's Warning About "Personal and Confidential" Mail?

LIS PENDENS:
Case Shows How Double Bonding Step in Lis Pendens Case Works, and How Amount of Each Bond Is Figured

 
ENFORCEMENT OF JUDGMENTS:
Specific Notice to Judgment Debtor, Required for Restraining Notice and Execution, Applies Also to "Turnover" Direction

BACKLOG ITEMS

MEDICAL EXPERTS:
Treating MD Can Testify on Causation Although P Doesn't Identify Him as Expert

FAILURE TO CERTIFY PAPERS:
Dismissal for Failure to Certify Paper Is Not Res Judicata of Merits
         
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