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March Extra 2002
 

Overview of topics...

Lead Note:

CPLR 3214 SUSPENDS DISCLOSURE WHILE A MOTION TO DISMISS PENDS; CAN COMMERCIAL RULE 12 PROVIDE OTHERWISE?

Attorney's Fee Disputes:

 

  • If W, With Fee Award from Her Lawyer in Arbitration, Seeks to Confirm It in Marital Action, Is H Entitled to Notice?

General Practice:

  • Remedy for Case Improperly 325(d)-Transferred from Supreme Court to Lower Court Is Motion In Supreme Court to Take It Back
  • Not Even 5-Year Delay In Serving Bill of Particulars Will Necessarily Support Dismissal; D Must Take Initiative
  • Simple Case Renews Basic Lesson About Choosing Venue in Tort Case
  • Default Judgment Against D in Personal Injury Case Necessarily Establishes "Serious Injury" And Removes Case from No-Fault Realm
  • Installments That Accrue After Lower Court Action Is Commenced May Be Added Even If They Bring Total Beyond Monetary Jurisdiction
  • Defendant Has Only Limited Time to Use Settlement by Other Tortfeasor to Diminish Defendant's Own Exposure

 ARTICLE HEADLINES


FEATURE ARTICLE:
CPLR 3214 SUSPENDS DISCLOSURE WHILE A MOTION TO DISMISS PENDS; CAN COMMERCIAL RULE 12 PROVIDE OTHERWISE?

ATTORNEY'S FEE DISPUTES

FEE DISPUTES IN MARITAL ACTIONS:

If W, With Fee Award from Her Lawyer in Arbitration, Seeks to Confirm It in Marital Action, Is H Entitled to Notice?
 

GENERAL PRACTICE

CPLR 325(d) TRANSFERS:
Remedy for Case Improperly Transferred from Supreme Court to Lower Court Is Motion In Supreme Court to Take It Back

BILL OF PARTICULARS DELAYS:
If D Merely Serves Initial Demand for Bill But Takes No Follow-Up Steps, Not Even 5-Year Delay In Serving Bill Can Support Dismissal

CHANGE OF VENUE:
Simple Case Renews Basic Lesson About Choosing Venue in Tort Case


 

NO-FAULT LAW:
Like Summary Judgment, Default Judgment Against D in Personal Injury Case Necessarily Establishes "Serious Injury" And Allows Case in Court

MEASURING LOWER COURT JURISDICTION:
Installments That Accrue After Action Is Commenced May Be Added Even If They Bring Total Beyond Monetary Jurisdiction

SETTLEMENTS IN TORT CASES:
Defendant Has Only Limited Time to Introduce Settlement by Other Tortfeasor to Diminish Defendant's Own Share

         
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