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March, 2009
 

Overview of topics...

LEAD NOTE :

  • A Court Applies CPLR 2001 Amendment to Forgive Broad Range of Unprejudicial Defects in Commencement Process

NEW AMENDMENTS:

  • Amendment of Preliminary Conference Rule Allows Court to Provide for Electronic Discovery

GENERAL PRACTICE:

  • 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
  • Mother's Failure to Cooperate, Adequate to Enable Counsel to Withdraw, Doesn't Ipso Facto Support Dismissal or Even Appointment of Guardian ad Litem
  • If Judgment Has Been Entered in Action, Enforcement of Settlement Made Within It Requires New Action
  • Conduct of P's Lawyer Making Statements of Personal Knowledge as If Testifying Taints Trial and Cancels Verdict
  • When Complaint Silent on Sum Sought, Time to Remove to Federal Court Won't Start Until Later Paper Shows Sum Exceeds $75,000; Mere Letter Suffices for That

BACKLOG ITEMS:

  • Mere Fact Contracts Identical in Two Actions, and Ds Even Had Some Common Principals, Doesn't Assure Consolidation
  • For Limitations Purposes, Fresh "Publication" Occurs When Photo Previously Used at Sports Club Is Put on Web

 ARTICLE HEADLINES


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


 

arrow 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

 

 

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

arrow 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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