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 Feature Article:
"LETTER OF ENGAGEMENT" RULE GETS RELAXED CONSTRUCTION; QUANTUM MERUIT RECOVERY FOR LEGAL SERVICES HELD ALLOWABLE EVEN IF NO LETTER FURNISHED
Special Note:
SERVICE IN SPECIAL PROCEEDINGS
Stick to Personal Delivery; Substituted
Service Methods Make Trouble
General Practice:
COURT OF CLAIMS PRACTICE
In Personal Injury Case, Failure to Set Forth Total Amount Claimed Held Fatal
WHAT IS "GRAVE INJURY"?
Loss of Two Joints of Index Finger Equals Loss of Index Finger Itself, Permitting Impleader of Employer
DISMISSAL OF ABANDONED CASES
CPLR 3404, Providing for Dismissal of Abandoned Cases, Held Inapplicable in Civil Court
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HIPAA AGAIN
Arons Case, in Which Appellate Division Held Defendant Is Not Entitled to Post-Note of Issue Interview with Plaintiff's Treating Physician, Goes to Court of Appeals
ALTERING DAMAGES AWARD
Unless Defect Merely Clerical, CPLR 5019(a) Can't Be Used to Correct Damages Award; What Can Be?
| NOTE: We've been referring to this segment of the Practice Review as "Backlog Items". These have been accruing in such large numbers, however, that there just hasn't been space for all of them. To make space for more, we're going to try to keep each of them especially terse. Also, many busy practitioners, singling out the terser of these "backlog items" over the years, have told us they find them especially helpful. Hence the new caption: BACKLOG SYNOPSES. |
Backlog Synopses:
"STANDING" vs. "CAPACITY"
P's Lack of "Standing" Does Not Go to Subject Matter Jurisdiction; D Can Therefore Waive It
DISCLOSURE IN FOREIGN COUNTRY
When Party Is Resident in Foreign Country, Foreign Law Must Be Consulted and Its Disclosure Restrictions Considered
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PRODUCTS LIABILITY
Court Treats in Detail Manufacturer's Disclosure Obligations When Product's Design and Manufacture Is at Issue
ATTORNEY'S FEES
If Attorney's Fees Are Warranted, They Must Be Sought Within the Action
DISTINGUISHING LAXNESS DISMISSALS
Court's Striking of Note of Issue Is Not the Kind of Calendar Striking That Invokes CPLR 3404
MISTAKING JUDGE'S "MOTION DAYS"
Making Motion Returnable on Wednesday When Judge's Motion Day Is Tuesday Does Not Make Motion Untimely
MOTION FOR SUMMARY JUDGMENT
Sampling of Appellate Division Cases Finding Good Reason to Excuse Late Motion
OMITTING PLAINTIFFS' NAMES
Where the Complaint Served on Some Defendants Omitted Names of Several Plaintiffs, But One Named All, Defect Not Jurisdictional
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