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 Feature Article:
IN ANOTHER MAJOR CASE ON COLLATERAL SOURCE RULE, COURT SAYS D HAS LIGHTER BURDEN WHEN MERELY SEEKING HEARING ON COLLATERAL SOURCE ISSUES
General Practice:
WAIVING JURISDICTIONAL DEFECT
Serving Summons Before Filing Action Is Waivable Jurisdictional Defect; Court Can't Raise It Sua Sponte
DELAYED ENTRY OF JUDGMENT
Farkas Case, Holding $750,000 Forfeit for Late Entry, Goes to Court of Appeals
DELAYED ENTRY OF JUDGMENT
Does Late Entry Rule Apply to Oral Decision?
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SURROGATE'S COURT DISCOVERY
Amendment Permits Document Discovery in Conjunction with Possibly Contesting Fiduciary's Accounting
MERITS PROOF ON DEFAULT
Verified Complaint Can't Always Serve as Affidavit of Merits on Application for Default Judgment
CLASS ACTION OPT-OUT NOTICE
N.Y. Court's Allowing Collective Notice, Ordering Defendant to Share Cost of Notice, and Requiring Inclusion of Notice in Mass Mailings by Defendant, Contrasts With Federal Practice
Special Note:
PROOF NEEDED TO SUPPORT AMENDMENT OF PLEADING RELAXED
As General Rule, Affidavit of Physician Not Needed to Connect Wrongful Death Claim to Personal Injury Claim
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Backlog Items:
LAW OFFICE FAILURES
They Can Be Cited to Vacate Defaults, But Not If They're "Conclusory and Unsubstantiated"
CORRECTING DEPOSITIONS
Unexplained "Numerous Changes" in P's Deposition Brings Dismissal
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