FEATURE ARTICLE:
TRACKING THE NEW LAWS ON MOTION FEES AND FILING SETTLEMENTS
MOST CONTROVERSIAL POINT: IS IT MANDATORY THAT THE
TERMS OF THE SETTLEMENT BE REVEALED?
General
Practice:
CORRECTED DEPOSITION REJECTED
Corrections in Deposition Disallowed Because Not Made Until Two Months Beyond
60-Day Time Limit
DELAYED DEPOSITION
ALLOWED
Use of Deceased Nonparty's Deposition Allowed Although She Died Before
Signing It
TALES OF THE BRONX
Tort Plaintiff's Lust for Bronx County Matched Only by Defendant's
Passion to Avoid It
|
|
JOINDER OF PLAINTIFFS
Severance Ordered of Eight "Wholly Separate" Medical Malpractice
Claims Brought Against Same MD
"INDEPENDENT
MEDICAL EVALUATION" QUESTIONED
Court Upholds $1,315,000 Verdict for Defendant's Failure to Offer
More Than $50,000 Policy
COLLATERAL ESTOPPEL AGAINST
NONPARTY?
P's Affidavit Unsuccessfully Opposing Summary Judgment for D-1
in D-1's Action Against D-2 Works a Collateral Estoppel in P's
Own Action Against D-1
DELAYED FILING EXCUSED
Failure to Fill Out County's "Cover
Sheet" Is Not Jurisdictional Defect, So Court Sustains Filing
Delayed Because Filer Couldn't Read Sheet
RETRANSFERING TRANSFERRED CASE
While Supreme Court Can Retransfer to Itself Case It Sent
to Lower Court, Case's Mere "Languishing" in Lower
Court Is Not Ground for Retransfer
|
|
JURISDICTION FOR RENT JUDGMENT
Service in Summary Proceeding That Would Confer Personal Jurisdiction in Action
Also Affords Basis for Rent Judgment
Backlog
Items:
STEALTHY ARBITRATION CLAUSES
Downloader of Web-Offered Program Is Not Bound
by Arbitration Clause That Is Not Even Discernible Until Download Complete
CORPORATE SERVICE ON SMALL CLAIM
Usual Rules About Whom to Serve for Corporate Defendant or Government
Subdivision Don't Apply on Small Claim
VENUE IN GUARDIANSHIP CASE
Guardian ad Litem Can't Set Venue In Her Own County of Residence
|