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October, 2006
 

Overview of topics...

NOTE: A number of new laws concern judicial procedure. All of Issue 177 was devoted to them. Two more new laws are considered in this issue, along with our usual case coverage.

LEAD NOTE :

  • WHEN COURT'S DELAYED DECISION CAUSES LOSS OF
    P'S CLAIM, WHO PAYS THE PRICE?
    Motion for Minor Procedural Defect Denied with Leave to Renew, But in Decision So Late That Renewal Is Now Futile

NEW LAWS:

  • Promiscuous Use of Information Subpoenas Served on Third Persons Prompts Corrective Amendment
  • Assistant Attorneys General Can Supply Affidavit Needed as Basis for Taking Default Judgment

GENERAL PRACTICE:

  • Controversial Time Limit on Summary Judgment Motion Is Extensively Reviewed and Cases Collated in Law Review Article
  • Does Amendment or Supplement of Bill of Particulars Require Redrawing of Whole Bill?

SPECIAL NOTE :

  • Extensive Review of Cross-Motion Time Problems in First - Department Case

BACKLOG ITEMS:

  • $2 Million Verdict Set Aside for Prejudicial Comments by P, in Summation, About D's Medical Experts
  • No Substitution of Alternate Jurors After Deliberations Have Begun Unless All Parties Consent
  • When P and D Arbitrate and P wins, No Estoppel for P in P's Suit Against D's Attorney for Inducing D's Breach


 ARTICLE HEADLINES


Feature Article:

WHEN COURT'S DELAYED DECISION CAUSES LOSS OF
P'S CLAIM, WHO PAYS THE PRICE?
Motion for Minor Procedural Defect Denied with Leave to Renew, But in Decision So Late That Renewal Is Now Futile

New Laws:

POST-JUDGMENT ENFORCEMENT SUBPOENAS
Promiscuous Use of Information Subpoenas Served on Third Persons Prompts Corrective Amendment

DEFAULT JUDGMENTS
Assistant Attorneys General Can Supply Affidavit Needed as Basis for Taking Default Judgment

 

 


General Practice:

TIME FOR SUMMARY JUDGMENT MOTION
Controversial Time Limit on Summary Judgment Motions Is Extensively Reviewed and Cases Collated in Law Review Article

BILL OF PARTICULARS
Does Amendment or Supplement of Bill of Particulars Require Redrawing of Whole Bill?

Special Note:

PROBLEMS IN THE TIMING OF CROSS-MOTIONS
Extensive Review of Them in First Department Case

 

 


Backlog Items:

PREJUDICIAL SUMMATION
$2 Million Verdict Set Aside Because of Prejudicial Comments About D's Medical Experts Made by P in Summation

ALTERNATE JURORS
No Substitution of Alternate Jurors After Deliberations Have Begun Unless All Parties Consent

 

         
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