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August 2002
 

Overview of topics...

Lead Note:

  • CONFUSING ROLE PLAYED BY CPLR 3126 -- THE DISMISSAL FOR FAILURE TO MAKE DISCLOSURE -- IN THE LAXNESS DISMISSAL REALMS OF CPLR 3216 AND 3404

General Practice:

  • Need "In Limine" Motions Be in Writing? -
  • P's Failure to Identify Experts Bars P from Using Them Even Just to Oppose D's Motion for Summary Judgment
  • 60-Day Time Limit for Entering Order or Judgment Still Turning Victories into Defeats
  • Extension of Time Must Be Sought in First Action, Not in Second One After Expiration of Statute of Limitations
  • Service in Special Proceeding Made Before Filing Is Void and Gets No Time Extension; Recent Amendment Does Not Change That

Backlog Items:

 

  • Whether P Gets Toll for Insanity Is Fact Question for Court, Not Jury
  • Whole Mechanic's Lien Expires Because P Didn't Get Lis Pendens Extended; Foreclosure Action Dismissed
  • Service in Summary Proceeding That Would Confer Personal Jurisdiction in Action Affords Basis for Rent Judgment

Federal Practice:

 

  • If Federal Court in Original District Would Have Dismissed Claim, Transferor State Law Does Not Get Applied in New York Federal Court
  • 30-Day Period for Removing State Action Runs from Time of Service on Last-Served, Not First-Served, Defendant

 ARTICLE HEADLINES

FEATURE ARTICLE:
CONFUSING ROLE PLAYED BY CPLR 3126 -- THE DISMISSAL FOR FAILURE TO MAKE DISCLOSURE -- IN THE LAXNESS DISMISSAL REALMS OF CPLR 3216 AND 3404

GENERAL PRACTICE

"IN LIMINE" MOTIONS:
Court Says There's No Requirement That "In Limine" Motions Be in Writing

EXPERT DISCLOSURE:
P's Failure to Identify Experts Bars P from Using Them Even Just to Oppose D's Motion for Summary Judgment

TIME LIMIT ON ENTERING ORDERS:
60-Day Time Limit for Entering Order or Judgment Still Turning Victories into Defeats

 


EXTENDING TIME FOR SUIT:
Extension of Time Must Be Sought in First Action, Not in Second One After Expiration of Statute of Limitations

SERVICE IN SPECIAL PROCEEDING:
Service in Special Proceeding Made Before Filing Is Void and Gets No Time Extension; Recent Amendment Does Not Change That


BACKLOG ITEMS

TOLL FOR INSANITY:
Whether P Gets Toll for Insanity Is Fact Question for Court, Not Jury

MECHANIC'S LIEN:
Whole Mechanic's Lien Expires Because P Didn't Get Lis Pendens Extended; Foreclosure Action Dismissed

 


JURISDICTION FOR RENT JUDGMENT:
Service in Summary Proceeding That Would Confer Personal Jurisdiction in Action Affords Basis for Rent Judgment


FEDERAL PRACTICE

CHOICE OF LAW IN TRANSFERRED CASE:
If Federal Court in Original District Would Have Dismissed Claim, Transferor Law Does Not Accompany Case to New York

REMOVAL TO FEDERAL COURT:
30-Day Period for Removing State Action Runs from Time of Service on Last-Served, Not First-Served, Defendant


         
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