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 Feature Article:
NEW LAW
AMENDMENT LETS PARTY MOVED AGAINST UNDER CPLR 3211 AWAIT COURT'S TREATMENT AS SUMMARY JUDGMENT BEFORE GATHERING UP EFFECTIVE OPPOSITION PROOF
General Practice:
ESTOPPEL FROM PLEADING TIME BAR
Divided Court Allows Further Disclosure to Determine Whether Malpractice Claimant Can Estop Medical Defendants from Pleading Statute of Limitations
LATE NOTICE OF CLAIM
Complaint's Wherefore Clause Is Not Adequate Substitute for Notice of Claim; Distinct Application Is Necessary, Although Okay Within Action
LATE NOTICE OF CLAIM
Call to NYC's 311 Number Reporting Sewer Damage Held to Give Notice and Thus to Support Leave to File Late Notice of Claim
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LIS PENDENS RE ARBITRATION
When Action in Which Lis Pendens Has Been Duly Filed Is Stayed to Compel Arbitration of Claim, Lis Pendens Remains in Effect
COURT OF CLAIMS
Failure to Include Specific Sum in Claim in Court of Claims Action Held Not Jurisdictional Defect; Amendment is Okay
LETTER OF ENGAGEMENT RULE
Commentary Addresses Letter of Engagement Rule, 22 NYCRR Part 1215, in Depth
Special Note :
CITY COURTS' JURISDICTION
Service in City Court Action on Secretary of State Under V&TL 253 Can't Be Made Outside County or Adjoining County
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Backlog Items:
NEGLECT TO PROSECUTE PROCEDURE
No Affidavit of Merits Necessary When P Moves -- Within 90-Day Notice Period of CPLR 3216 --for Extension of Time to File Note of Issue
DEFAULT INQUEST
No Disclosure Tools Available to Defaulting Defendant
Even for Only Damages Issues
ESTOPPEL TO PLEAD LIMITATIONS
Because Leased Vehicle Bore No Indication of MTA Ownership, MTA Is Barred from Pleading Untimeliness
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