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 Feature Article:
ATTORNEYS' FEES IN CHOICE OF LAW SETTING
Contract That Stipulates to Attorneys' Fees Is Upheld Even Though New York as Internal Matter Doesn't Allow Them
General Practice:
APPEALABLE PAPER
Court Holds "Decision on Motion" Appealable Because It Was Equal of Order "in All Respects Save Its Title"
SUBROGATION VERSUS CONTRIBUTION
When Insurer Pays Contractor C for Damages, and Now Sues Subcontractor S, S Can't "Counterclaim" Insurer for "Contribution"
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CIVIL ESTOPPEL BASED ON CRIMINAL PLEA?
D's Plea of Guilty to Harassment Charge That's Mere "Violation" Does Not Bar D's Defense to P's Civil Action
Special Notes:
DISMISSAL FOR WANT OF PROSECUTION
Service of 90-Day Demand to Get Action Going Is Not Waiver by D of Right to Further Disclosure
Federal/State Procedural Interplay:
When Federal Law Borrows State Statute of Limitations, Must State Procedural Incidents Go Along?
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Backlog Items:
ORAL STIPULATIONS
Claimed Oral Stipulation Extending D's Time to Answer Doesn't Work; Defendant's Default Sticks
LATE SUMMARY JUDGMENT MOTION
Good Cause for Time Extension Exists When Motion Is Based on Recent Event
STAY OF ARBITRATION
Failure to Immediately Appeal Court's Denial of Stay of Arbitration Bars Later Attempt to Deny Arbitrability
P'S DEATH DURING ACTION
Prolonged Failure to Notify Defendant of Plaintiff's Death Brings Dismissal of Action
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