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      Issue Number 241

January, 2012
 

Overview of topics...

LEAD NOTE:

  • Defendant/Treating Physician in Medical Malpractice Action, Although Nonresident, Is Subject to New York Subpoena to Compel His Testimony

SPECIAL NOTE:

  • Ultimate Sanction of Dismissal Against Plaintiff for Wilful Nondisclosure Is Not Available Merely for Failing to Proceed with Mediation Ordered by Court

GENERAL PRACTICE:

  • Court Notes Restrictions on Holding Summary Judgment Motion in Abeyance to Allow "Supplemental Submissions"
  • Person Who Outside State Signs Guaranty of Performance of New York Project Is Subject to New York Jurisdiction on the Guaranty
  • In Denying Approval of Transfer of Structured Settlement, Recent Case Shows Factors Court Must Review
  • Issues About "Arons" Authorizations Continue to Swarm; Latest Is Case Holding P Can't Insist That D Depose Before P Furnishes Authorization
  • Last Day for Measuring Year Allowed for Extending Mechanic's Lien Is Anniversary Date of Event That Started the Year

 


 ARTICLE HEADLINES


Feature Article

DEFENDANT/TREATING PHYSICIAN IN MEDICAL MALPRACTICE ACTION, ALTHOUGH NONRESIDENT, IS SUBJECT TO NEW YORK SUBPOENA TO COMPEL HIS TESTIMONY

arrow Special Note:

NONDISCLOSURE SANCTIONS FOR MEDIATION RESISTANCE?
Ultimate Sanction of Dismissal Against Plaintiff for Wilful Nondisclosure Is Not Available Merely for Failing to Proceed with Mediation Ordered by Court


 


arrow General Practice Points:

SUMMARY JUDGMENT PARAMETERS
Court Notes Restrictions on Holding Summary Judgment Motion in Abeyance to Allow "Supplemental Submissions"

LONGARM JURISDICTION OF GUARANTORS
Person Who Outside State Signs Guaranty of Performance of New York Project Is Subject to New York Jurisdiction on the Guaranty

ASSIGNING STRUCTURED SETTLEMENTS
In Denying Approval of Transfer of Structured Settlement, Recent Case Shows Factors Court Must Review

 

 


EX PARTE MD INTERVIEW
Issues About "Arons" Authorizations Continue to Swarm; Latest Is Case Holding P Can't Insist That D Depose Before P Furnishes Authorization

CALCULATING LIEN EXTENSIONS
Last Day for Measuring Year Allowed for Extending Mechanic's Lien Is Anniversary Date of Event That Started the Year


         
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