Siegel's Practice Review - March, 2008 Headlines & Topics


March, 2008

Overview of topics...

LEAD NOTE :

MENDON PONDS PROBLEM SUBSISTS, GENERATING DISMISSAL FOR FILING INITIATORY PAPERS IN WRONG CLERK'S OFFICE; AMENDMENT OF CPLR 2001 DOESN'T OVERRULE IT

SPECIAL NOTE:

Motion to "Renew" Allows Nonappealing D-2 to Exploit Appellate Victory of D-1 (page 3)
Case Illustrates Significance of Change That Made Filing of Petition Alone Constitute "Commencement" of Special Proceeding, Enabling Flexible Treatment of Service Steps That Follow (page 4)

GENERAL PRACTICE:

Fourth Department Also Holds Lawyer's Quantum Meruit Recovery Permissible Even in Absence of Letter of Engagement
If Negligence Plus Other Theory Are Alleged, Both Deposition and Interrogatories Are Available Against Same Party
Marble Hill Enclave, Though It Appears to Be in Bronx, Is In N.Y. County; Venue Changed
Objection That P Added X as Defendant Without Leave, and Too Late, Can Be Waived by X
Second Circuit Dismisses Ehrenfeld Case (on Thwarting British Judgment Affecting Free Speech); Won't Wait for Possible New York Corrective Statute
Form Now Available for Securing Plaintiff's Authorization for Defense Counsel to Interview Treating Physician

BACKLOG ITEMS:

Divided Appellate Division Reviews Quantum Meruit Requirements and Finds Them Lacking in Case by Bodyguard Against Body Guarded
CPLR 3404, Providing for Automatic Dismissal of Cases Struck from Calendar, Doesn't Apply in Civil Court
Action to Set Aside Conveyance Made in Anticipation of Imminent Judgment Is Okay as Lis Pendens Basis

ARTICLE HEADLINES

Feature Article:

MENDON PONDS PROBLEM SUBSISTS, GENERATING DISMISSAL FOR FILING INITIATORY PAPERS IN WRONG CLERK'S OFFICE; AMENDMENT OF CPLR 2001 DOESN'T OVERRULE IT

General Practice:

LETTER OF ENGAGEMENT RULE
Fourth Department Also Holds Lawyer's Quantum Meruit Recovery Permissible Even in Absence of Letter of Engagement

USE OF INTERROGATORIES
If Negligence Plus Other Theory Are Alleged, Both Deposition and Interrogatories Are Available Against Same Party

TAKING ADVANTAGE OF A CO-PARTY'S APPELLATE VICTORY
Does Late Entry Rule Apply to Oral Decision?

BRONX VENUE LOST AGAIN
Marble Hill Enclave, Though It Appears to Be in Bronx, Is In N.Y. County; Venue Changed

ADDING DEFENDANT BELATEDLY
Objection That P Added X as Defendant Without Leave, and Too Late, Can Be Waived by X

LONGARM JURISDICTION
Second Circuit Dismisses Ehrenfeld Case (on Thwarting British Judgment Affecting Free Speech); Won't Wait for Possible New York Corrective Statute

TREATING-PHYSICIAN INTERVIEW
Form Now Available for Securing Plaintiff's Authorization for Defense Counsel to Interview Treating Physician

Special Note:

TAKING ADVANTAGE OF A CO-PARTY'S APPELLATE VICTORY
Motion to "Renew" Allows Nonappealing D-2 to Exploit Appellate Victory of D-1

Backlog Items:

QUANTUM MERUIT REVIEWED
Divided Appellate Division Reviews Quantum Meruit Requirements and Finds Them Lacking in Case by Bodyguard Against Body Guarded

DISMISSAL OF ABANDONED CASES
CPLR 3404, Providing for Automatic Dismissal of Cases Struck from Calendar, Doesn't Apply in Civil Court

LIS PENDENS
Action to Set Aside Conveyance Made in Anticipation of Imminent Judgment Is Okay as Lis Pendens Basis

Special Note:

SERVICE COMPLICATIONS IN SPECIAL PROCEEDINGAppellate Division Case Illustrates Significance of Change That Made Filing of Petition Alone Constitute "Commencement"