Overview of topics...

Lead Note:

COLLATERAL ESTOPPEL IN CONTEXT OF ARBITRATION — Arbitrator Can't Decide Estoppel Effect of Court Judgment; Court Must, and Here Does, Finding Connecticut Divorce Judgment a Bar to Reviving Property Issue

New Laws :

• New Rule Tries to Avoid Mendon Ponds Problem by Requiring That Advisory Notices Be Posted in Clerks' Offices
• Using Subpoena Duces Tecum to Secure Materials from Nonparties, and with Production Directed to Attorney Instead of Court, Brings Both a Quashing and a Sanction

General Practice Points:

• Unlike Mortgage Lien, Mechanic's Lien Itself Expires When Lis Pendens Lapses, Thus Barring New Lis Pendens
• D's Serving Bare Counterclaim — Nothing Else in Answer — While His Own Dismissal Motion Pends Forfeits Time Extension
• Court in N.Y. County Says Plaintiff Must Show That Naming Expert Would Subject Him to Pressure, But Plaintiff Gets Second Chance to Identify Expert
• New Fee on Filing Action Is Required Even Though Fee Was Paid on Prior Application to File Late 50-e Notice; Result Is Dismissal
• Process Server Doesn't Have to Know "Exact Internal Wording" of Document
• Can Dismissal "With Prejudice" for Attorney's False Affirmation Be Better for Client Than Second Chance?

Backlog Items:

• Even When Dismissal Is Sought on Cross-Motion, It Must Be Preceded by 90-Day Demand
• No Amendment to Add Punitive Damages Claim When Not Asked for Until Years Into the Action