FEATURE ARTICLE:
IS FAILURE TO PAY FILING FEE DEFECT OF SUBJECT MATTER OR PERSONAL
JURISDICTION? PLAINTIFF WITH BOUNCED CHECK FINDS OUT
General
Practice Points:
ESTOPPEL IN OWNER/DRIVER CASES
Default Judgment Taken Against Driver Does Not Bind Owner
EXPERT DISCLOSURE
Failure to Furnish Expert Data Is Not Basis for Dismissal,
Just Preclusion
"IN LIMINE" RULINGS
"In Limine" Ruling Barring Additional $300,000 Sought Through Amended
Notice of Claim Is Appealable
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DISCLOSURE FOR SUMMARY JUDGMENT USE
Party Remiss in Seeking Disclosure Can't Plead Need of
It to Oppose Adversary's Motion for Summary Judgment
NON-FILING v. DEFECTIVE FILING
While Defective Filing Can Be Waived by Defendant, Non-Filing
Goes to Subject Matter Jurisdiction and Can't Be
CPLR 325(d) TRANSFER PROBLEMS
What to Do When Routine Transfer Down to Lower Court Occurs While Motion to
Change Venue in Supreme Court Action Is Pending
SANCTIONS APPLICATIONS
Notwithstanding Oppressively Prolix Complaint, D Can't Plead Counterclaim
for Sanctions; It's Not Distinct Claim
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AMENDMENT AS ABATING MOTION
Does P's Amendment of Complaint After D Moves to Dismiss It Abate
the Motion? Backlog
Items:
LEVYING AGAINST CO-OWNED CHATTEL
Where Car Is Co-Owned by Judgment Debtor and Wife, Wife Must Be Heard on Claim That Car Is Really Hers
EXTENDING TIME FOR SERVICE
Time Extension Okay Not Just Where Service Not Made, But Also
Where Made Defectively
PLEADING FRAUD
Court Takes Practical Approach to Requirement That P Plead Fraud
Allegations in Detail
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