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Lead Note:

RULE 137 PROCEDURE FOR RESOLVING ATTORNEYS' FEE DISPUTES
Mere "Demand" Filed in Court Is Held Sufficient to Contest Arbitration Award; Commencement of Formal Action Held Unnecessary

Special Notes:

• Inadequate Pleading, Even Though Cause of Action May Exist, Brings Dismissal Too Late to Sue Over

General Practice:

• In Two 4th Dep't Cases, Action Is Dismissed for Relying on Same Index Number as Prior Application; New One Must Be Bought
• Where D Did Not Know of P's Death, Settlement Is Set Aside as Void and Action Is Dismissed
• Waiver of Jury Trial in Lease May Be Waived by Party's Demand for Jury Anyway
• Court Can Deny Motion to Dismiss for Neglect to Prosecute and Instead Make P's Lawyer Pay Sanction
• Special Proceeding in Course of Enforcement Proceedings Can Be Used to Set Aside Fraudulent Conveyance
• Court Can't Modify Arbitrator's Big Punitive Damages Award;
  Can Only Vacate as Excessive, and Remand
• Court Within Second Department Holds That Period of Pendency of Appeal Is Not Usable for Motion to Reargue

Backlog Items:

• When Receiving Subpoenaed Materials That Should Have Gone to Court, Party Must Share Them with Other Side
• If Disclosure Is Needed, Remedy to Avoid Summary Judgment Time Limit Is to Move to Vacate Note of Issue