Siegel's Practice Review - November 2011 Headlines & Topics


November, 2011

Overview of topics...

NEW LAWS (Four of Them):

CPLR 306-b, the Basic Statute on When Service Has to Be Made Following "Commencement", Is Simplified in Language
Party Objecting to Defect in Form of Served Paper Is Given 15 Days in Which to Return It
Amended or Supplemental Pleading That Party Moves for Leave to Serve Must Be Accompanied by Clear Indication of Proposed Changes
Service of Responsive Pleading Cuts Off Plaintiff's Right to Discontinue by Mere Notice; Alternative Period of 20 Days Is Removed

GENERAL PRACTICE:

State Bar Association Publishes Guidelines on "Best Practices in E
Discovery in New York State and Federal Courts" -Defendant in Mortgage Foreclosure Action Must Be Given Notice That Acceleration Clause Is Being Invoked
Surgeon's E-Mail to Hospital Complaining of His Patient's Aftercare Is Not Exempt from Discovery Merely Because It Was Also Reviewed by Hospital's Quality Committee
Even in Summary Proceeding, Filing Initiatory Papers with Court Fewer Than Requisite Number of Days Before Return Date May Be Excusable If No Prejudice Shown

BACKLOG ITEMS:

If Parties Stipulate That Discovery Is Complete, Later Served Notice to Admit Which Is Just "Subterfuge" for More Discovery Won't Work
While Suing on Claim in Court Waives Right to Arbitrate, Mere Threat to Sue Doesn't

ARTICLE HEADLINES

Feature Article: New Laws (Four of Them):

"COMMENCEMENT" OF ACTION
CPLR 306-b, the Basic Statute on When Service Has to Be Made Following "Commencement", Is Simplified in Language

DEFECTS IN FORM
Party Objecting to Defect in Form of Served Paper Is Given 15 Days in Which to Return It

ALTERING PLEADINGS
Amended or Supplemental Pleading That Party Moves for Leave to Serve Must Be Accompanied by Clear Indication of Proposed Changes

DISCONTINUANCE BY NOTICE
Service of Responsive Pleading Cuts Off Plaintiff's Right to Discontinue by Mere Notice; Alternative Period of 20 Days Is Removed

General Practice Points:

ELECTRONIC DISCOVERY
State Bar Association Publishes Guidelines on "Best Practices in E-Discovery in New York State and Federal Courts"

"AFFIRMATION" IN FORECLOSURES
Defendant Must Be Given Notice That Acceleration Clause Is Being Invoked

HOSPITAL REVIEW COMMITTEE
Surgeon's E-Mail to Hospital Complaining of His Patient's Aftercare Is Not Exempt from Discovery Merely Because It Was Also Reviewed by Hospital's Quality Committee

SUMMARY PROCEEDINGS
Filing Initiatory Papers with Court Fewer Than Requisite Number of Days Before Proceeding's Return Date May Be Excusable If No Prejudice Shown

Backlog Items:

NOTICE TO ADMIT
If Parties Stipulate That Discovery Is Complete, Later Served Notice to Admit Which Is Just "Subterfuge" for More Discovery Won't Work

WAIVING ARBITRATION
While Suing on Claim in Court Waives Right to Arbitrate, Mere Threat to Sue Doesn't