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 Feature Article:
AMENDMENT OF RULES ON ELECTRONIC FILING
Electronic Filing Added as Option in Civil and Some Surrogates' Courts in "Pilot Program"; Supreme Court Rule on Electronic Filing Is Amended and Re-Formed
General Practice:
CONTESTING CLERK'S DATE STAMP
Plaintiff Proving Delivery of Summons to Clerk on Time Rebuts Presumption of Lateness Deriving from Clerk's Stamp
"EMOTIONAL DISTRESS" ACCRUAL
Time for M's Claim for Distress Based on F's Disinterment of Their Children Doesn't Start Until M Learns of the Wrong
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REMOVAL TO FEDERAL COURT
Example of Costs Award Against D for Removing Unremovable Case
ATTORNEYS' FEES
Court Enforces Australian Judgment for Counsel Fees of $89,000 Awarded After Opposing Party Turned Down $7000 Offer
Special Note:
DOCTRINE OF ESTOPPEL AGAINST INCONSISTENT POSITIONS
Failure to List Loan as Asset in Florida Marital Action Bars H from Suing Borrower on Big Loan
Backlog Items:
COURT-ORDERED SERVICE
Service on Insurer in Behalf of Insured Defendant in Tort Case Okay Only If Clear That Insurer's Policy Applies
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JOINT AND SEVERAL LIABILITY
Because Share of 90%-At Fault P Can't Be Factored In, D with Only 10% Share Has to Fully Reimburse Settlement Made by Contractor Who Has Absolute Liability under Labor Law 240(1)
"ACCELERATED RENT" JURISDICTION
While Lower Court Has Unlimited Jurisdiction of Rent Claim in Summary Proceeding, Acceleration Clause Sums Aren't "Rent"
LIMITED LIABILITY COMPANIES
Nonlawyer Member of LLC Can't Take Appeal in LLC's Behalf
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