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November 2002
 

Overview of topics...

Lead Note:

  • AMENDMENT ALLOWS COURT TO CONVERT MOTION INTO SPECIAL PROCEEDING, AND VICE- VERSA, THEREBY AVOIDING DISMISSAL

General Practice:

  • Using Certified Instead of Ordinary Mail Service, as Required, Brings Dismissal of Claim
  • What Is Plaintiff's Course When Defendant Dies During Action and All Is Suspended?

Federal/State Court Interaction::

  • In Federal Practice, No Immediate Appeal Allowed to Attorney on Whom Sanction Imposed
  • Because Warsaw Convention Preempts State Law on Tort Claims on International Flights, Attempt to Assert Only State Law Claims Can't Prevent Removal

New Law:

  • Amendment Lets Appellate Courts Decide on Form, Margins, Type Size, etc., for Briefs and Appendices

Backlog Items:

  • Limited Liability Company Can Appear in Action Only by Attorney
  • If P's Bankruptcy Brings Dismissal of Action, Trustee Gets the CPLR 205(a) Six Months for New Action


 ARTICLE HEADLINES

FEATURE ARTICLE:
NEW LAWS: AMENDMENT ALLOWS COURT TO CONVERT MOTION INTO SPECIAL PROCEEDING, AND VICE- VERSA, THEREBY AVOIDING DISMISSAL

GENERAL PRACTICE

SERVICE BY ORDINARY MAIL:
Using Certified Instead of Ordinary Mail, as Required, Brings Dismissal of Claim

D'S DEATH DURING ACTION:

What Is Plaintiff's Course When Defendant Dies During Action and All Is Suspended?


 


FEDERAL/STATE COURT INTERACTION

APPEALING SANCTION ORDER:
In Federal Practice, No Immediate Appeal Allowed to Attorney on Whom Sanction Imposed

REMOVAL TO FEDERAL COURT:
Because Warsaw Convention Preempts State Law on Tort Claims on International Flights, Attempt to Assert Only State Law Claims Can't Prevent Removal

NEW LAW

FORM OF PAPERS ON APPEAL:
Amendment Lets Appellate Courts Decide on Form, Margins, Type Size, etc., for Briefs and Appendices

 


BACKLOG ITEMS

IMPACT OF BANKRUPTCY:
If P's Bankruptcy Brings Dismissal of Action, Trustee Gets the CPLR 205(a) Six Months for New Action

LIMITED LIABILITY COMPANIES:
LLC Can Appear Only by Attorney

         
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