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      Issue Number 236

August, 2011
 

Overview of topics...

LEAD NOTE:

  • New Law: Rule Allowing X, Impleaded by D, to Assert Against P Defenses D Had Against P But Waived, Is Amended to Make Exception for Defense of Lack of Personal Jurisdiction

SPECIAL NOTES:

  • In Suit by Insurer That Paid Insured for Fire Loss, to Recover from Party That Caused the Fire, Latter's Offer to Pay Insurer Everything Moots Controversy, Denies Federal Court Subject Matter Jurisdiction, and Cancels Collateral Estoppel Potential

GENERAL PRACTICE:

  • Electronic Filing Difficulties: Notice of Appeal from Order Held Timely When Filed Within 32 Days After Order Was Served on Appellant Electronically
  • GOL 5-1402, Mandating Exercise of New York Jurisdiction in Certain Cases, Doesn't Sanction "Preemptive and Piecemeal Litigation" and Hence Doesn't Bar Deference to Foreign Action
  • Federal Courts Have Equitable "Tolling" Doctrine, Which Bars Application of Statute of Limitations; New York Has Equivalent in Equitable "Estoppel"
  • Trial Court in 4th Dep't Explains Appellate Division Thompson Case, Which Held Nonparty Witness's Lawyer Has No Right to Object During Deposition

BACKLOG ITEMS:

  • Interest on Quantum Meruit Claim Held to Be Mandatory under New York Law
  • Transfer of Small Claim from Lower Court for Consolidation with Action in Supreme Court Is Denied Because It Would Prejudice Right to Small Claims Informality

 

 


 ARTICLE HEADLINES


Feature Article:

NEW LAW:
Rule Allowing X, Impleaded by D, to Assert Against P Defenses D Had Against P But Waived, Is Amended to Make Exception for Defense of Lack of Personal Jurisdiction

arrow Special Note:

CAN STIPULATION AVOID COLLATERAL ESTOPPEL?
In Suit by Insurer That Paid Insured for Fire Loss, to Recover from Party That Caused the Fire, Latter's Offer to Pay Insurer Everything Moots Controversy, Denies Federal Court Subject Matter Jurisdiction, and Cancels Collateral Estoppel Potential

arrow General Practice Points:

ELECTRONIC FILING DIFFICULTIES
Notice of Appeal from Order Held Timely When Filed Within 32 Days After Order Was Served on Appellant Electronically


 


OTHER ACTION PENDING

GOL 5-1402, Mandating Exercise of New York Jurisdiction in Certain Cases, Doesn't Sanction "Preemptive and Piecemeal Litigation" and Hence Doesn't Bar Deference to Foreign Action

"EQUITABLE TOLLING" DOCTRINE
Federal Courts Have the Doctrine, Which Bars Application of Statute of Limitations; New York Has Equivalent in Equitable "Estoppel" 

OBJECTIONS AT DEPOSITION
Trial Court in 4th Dep't Explains Appellate Division Thompson Case, Which Held Nonparty Witness's Lawyer Has No Right to Object During Deposition

 

 


arrow Backlog Items:

QUANTUM MERUIT
Interest on Quantum Meruit Claim Held to Be Mandatory under New York Law

SMALL CLAIMS AND TRANSFERS
Transfer of Small Claim from Lower Court for Consolidation with Action in Supreme Court Is Denied Because It Would Prejudice Right to Small Claims Informalit


         
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