Feature Article:
A COURT BROADLY REVIEWS CPLR 2001 AMENDMENT DESIGNED TO FORGIVE UNPREJUDICIAL COMMENCEMENT DEFECTS
Holds D Waives Would-Be Jurisdictional Defects — Including P's Failure to Buy New Index Number for Second Action — by Not Moving for Dismissal Within 60 Days After Answering
Rule Amendment:
ELECTRONIC DISCOVERY
Amendment Allows Court to Provide for Electronic Discovery at Preliminary Conference
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General Practice:
FAILURE TO TIMELY SERVE COMPLAINT
P's Filing Summons and Notice and Then Serving "Courtesy" Copies on D's Lawyer Does Not Enable Lawyer to Serve Notice of Appearance So as to Trigger Complaint Service
CLIENT'S NON-COOPERATION
Mother's Failure to Cooperate, Adequate to Enable Counsel to Withdraw, Doesn't Ipso Facto Support Dismissal or Even Appointment of Guardian ad Litem
ENFORCING STIPULATION
If Judgment Has Been Entered in Action, Enforcement of Settlement Made Within It Requires New Action
MISTRIAL GROUNDS
Conduct of P's Lawyer Making Statements of Personal Knowledge as If Testifying Taints Trial and Cancels Verdict
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REMOVAL TO FEDERAL COURT
When Complaint Silent on Sum Sought, Time to Remove Won't Start Until Later Paper Shows Sum Exceeds $75,000; Mere Letter Suffices for That
Backlog Items:
CONSOLIDATION DENIED
Mere Fact Contracts Identical in Two Actions, and Ds Even Had Some Common Principals, Doesn't Assure Consolidation
RIGHT OF PRIVACY
For Limitations Purposes, Fresh Publication Occurs When Photo Previously Used at Sports Club Is Put on Web
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