Feature Article
WHICH PARTY IS TO PAY THE COST OF RETRIEVING
"ELECTRONICALLY STORED INFORMATION" (ESI)?
Another Major Treatment by First Department Appellate Division, Again Adopting Federal Zubulake Decision
and Placing Initial Burden on Responder
General Practice Points:
PROGRESS OF E-FILING
Expansion of E-Filing Into More Courts
FAILURE TO DEPOSE
Plaintiff's Refusal to Enter State to Depose in His Own Action Because He Feared Arrest for His Contempt in Another Action Is Nice Try But Brings Only Forfeiture
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PROTECTING EXEMPT DEPOSITS
In Detailed Treatment of CPLR 5222-a Procedures for Protecting Exempt Funds in Account, Federal Court Holds Depositor/Debtor Has No Private Claim Against Bank
AMENDED PLEADING FAILURE
Amendment Denied for Violation of Recent Law Requiring That It Be Accompanied by Statement of Proposed Changes
AFFIRMATION VERSUS AFFIDAVIT
Submission of "Affirmation" When "Affidavit" Is Required May Be Corrected Without Consequence, and Affidavit Substituted
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General Practice Points:
COURT OF CLAIMS PRACTICE
If Description of Site of Accident Is Inaccurate in Filed Claim, State in Court of Claims Action Is Entitled to Dismissal Without Proving Prejudice
PRACTICE OF LAW
Jud.L. § 470 Is Found Unconstitutional in Requiring Nonresident Attorney to Maintain New York Office
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