FEATURE ARTICLE:
NEW YORK JUDGE AT LAST EXAMINES WHETHER "MANIFEST DISREGARD" OF LAW HAS BECOME BASIS FOR REVIEWING ARBITRATION AWARD

General Practice Points:

SPOUSAL TORTS
Personal Injury Claim Between Spouses Must Be Litigated Within Divorce Action; Res Judicata Would Bar It Afterwards

RIGHT TO JURY TRIAL
If Case Is Triable by Jury, Damages Must Be Tried by Jury Even After Summary Judgment Is Granted on Liability

CONSUMER CREDIT TRANSACTIONS
Dental Service Is Not "Consumer Credit Transaction"; Venue Is Therefore Not Limited to Defendant's Residence County

MONETARY DEMAND IN TORT CASE
Including Specific Monetary Demand in Personal Injury Case Is Punished Merely by Striking Demand

ENFORCEMENT SUBPOENAS
In Post-Judgment Enforcement Proceedings, Copy of Subpoena Duces Tecum Served on Witness Need Not Be Served on Party

SMALL CLAIM COMMENCEMENT
Even in the Lower Courts, with Small Claim It Is Filing, Not Service, That Marks Commencement for Limitations Purposes

SATISFACTION OF JUDGMENTS
Plaintiff's Inadvertent Filing of Satisfaction of Unpaid Judgment Can't Be Vacated on Motion

Special Notes :

CERTIFICATE OF MERIT IN MEDICAL MALPRACTICE ACTION
Failure to Include Certificate with Complaint Requires Excuse and Physician's Affidavit; Omission Begets Dismissal

CONDEMNING "LASTMINUTISM" AND THE USE OF A MERE NOTICE RATHER THAN A COMPLAINT TO START THE ACTION, COURT DISMISSES IT
Getting the Dismissal Reversed Has Diminished Prospect Today