FEATURE ARTICLE:
CAN COURT REQUIRE REPRESENTATIVE OF INSURANCE COMPANY TO ATTEND SETTLEMENT CONFERENCE?

Special Notes:

FIRST DEPARTMENT LAMENTS "PERENNIAL DEBATE" ON WHETHER GIVEN CASE PRESENTS "SERIOUS INJURY"
Court Divides on How to Meet Threshold "Serious Injury" Showing and Avoid Restrictions of the No-Fault Law

SETTLING INFANT'S CASE
Court's Approval of Infant's Compromise Is Rejected; It's Not Just Rubber-Stamp Procedure

General Practice:

MOTIONS TO RENEW
Cases Proliferating: New Materials Will Not Be Considered on Renewal If Their Omission from Original Motion Is Not Excused

COLLECTING ON JUDGMENT
Plaintiff Who Had Option to Apply Defendant's Payment to Interest Instead of Principal, Didn't, and Loses Some $35,000

SERVING DEMAND FOR ARBITRATON
Using Federal Express When Registered or Certified Mail Is Prescribed May Be Okay for Serving Interlocutory Paper, But Not Process

LIMITED LIABILITY COMPANIES
Forfeiture of Right to Bring Action for Not Publishing Notice of Articles of LLC Organization Is Curable, Even During Action

DISCOVERY IN SUMMARY PROCEEDINGS
In Summary Holdover Proceeding Not Involving Tenant's Primary Residence, Presumption Arises "in Favor of Discovery"

Backlog Items :

THE CPLR 205(a) SIX MONTHS
If First Action Was Not Dismissed, There's No New Six Months for New Action

EXPERT DISCLOSURE
Third Department Takes Flexible Approach Even If Party's Toeing Line on Expert Disclosure Is Not Perfect

UNWAIVED DEFENSE
Defense of Exclusivity of Workers' Compensation Remedy Is Not Waived Even If Not Initially Pleaded; Okay by Late Amendment