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October 2002
 

Overview of topics...

Lead Note:

  • WARNING TO PLAINTIFFS IN MORTGAGE FORECLOSURES:
    DON'T LET LIS PENDENS LAPSE -- IT CAN FORFEIT CLAIM ENTIRELY

General Practice:

  • Amendment Cures Ambiguity and Assures That Filing of Petition Alone, Without Process, Satisfies as "Commencement"
  • When D Doesn't Pay P All of Settlement Sum Within 21 Days, P Gets Interest Even on Amounts Already Paid
  • Even When Employer R Meets Burden on "Grave Injury" Issue on Its Summary Judgment Motion, D's Conflicting Proof Mandates Denial
  • Court Refuses to Redact Qualifications Data That May Reveal Expert's Identity in Medical Malpractice Action
  • Can Court Extend 120-Day Service Period in Conjunction with CPLR 308(5) Motion Seeking to Have Court Devise Method of Service?

Backlog Items:

  • When Error in Devising Method of Service Is Court's, Can Appellate Division Correct It and Preserve Claim?
  • What Is Plaintiff's Course When the Defendant Dies During the Action and All Is Suspended?
  • Consulting Lawyer During Treatment by MD Does Not by Itself Constitute Termination of Treatment and Start Statute of Limitations


 ARTICLE HEADLINES

FEATURE ARTICLE:
WARNING TO PLAINTIFFS IN MORTGAGE FORECLOSURES:
DON'T LET LIS PENDENS LAPSE --IT CAN FORFEIT CLAIM ENTIRELY


GENERAL PRACTICE

COMMENCING SPECIAL PROCEEDING:
Amendment Cures Ambiguity and Assures That Filing of Petition Alone, Without Process, Satisfies as "Commencement"

DELAY PAYING SETTLEMENT:

When D Doesn't Pay P All of Settlement Sum Within 21 Days, P Gets Interest Even on Amounts Already Paid


 


MORE ON "GRAVE INJURY":
Even Though Employer R Meets Burden on "Grave Injury" Issue on Its Summary Judgment Motion, D's Conflicting Proof Mandates Denial

EXPERTS IN MED MAL ACTIONS:
Court Refuses to Redact Qualifications Data That May Reveal Expert's Identity in Medical Malpractice Action

EXTENDING TIME FOR SERVICE:
Can Court Extend 120-Day Service Period in Conjunction with CPLR 308(5) Motion Seeking to Have Court Devise Method of Service?

 


BACKLOG ITEMS

CORRECTING COURT'S MISTAKE:
When Error in Devising Method of Service Is Court's, Can Appellate Division Correct It and Preserve the Claim?

D'S DEATH DURING ACTION:
What Is Plaintiff's Course When the Defendant Dies During the Action and All Is Suspended?

CONTINUOUS TREATMENT DOCTRINE:
Consulting Lawyer During Treatment by MD Does Not by Itself Constitute Termination of Treatment and Start Statute of Limitations

         
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