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      Issue Number 250

October, 2012
 

Overview of topics...

LEAD NOTE:

  • New Law on Attorney's Lien: Lien Attorney Gets on Client's Claim When Commencing Litigation Is Allowed as Well for Arbitration and Mediation

GENERAL PRACTICE:

  • New Law: As Long as Contractor Was Licensed at Time of Work, License Need Not Still Be in Effect When Action Is Later Brought
  • New Law: CPLR Provisions on Subpoena Practice Now Govern in Labor Law Investigations
  • While Court Can't Make Conveniens Dismissal Sua Sponte, Third-Party Defendant's Motion May Suffice to Set Whole Conveniens Matter Before Court
  • Second IME May Be Permissible, But Only on Showing of Unusual or Unanticipated Circumstances, Not Shown Here
  • New IME Exam After Second Surgery Must Be Conducted by Same MD If Defendant Can't Show Reason for New One

SPECIAL NOTES:

  • Champerty: Hard-to-Determine Motivation Behind Plaintiff's Purchase of Defaulted Notes Bars Summary Dismissal as "Champerty" and Generates Need for Discovery on Subject
  • Statute Provides for Costs and Fees Agency Can Charge Applicant for FOIL Disclosure, But Agency Can't Require Prepayment Unless Hearing Determines Their Correctness
  • Failure to Identify Experts Doesn't Necessarily Bar Use of Expert's Affidavit on Summary Judgment Motion

 


 ARTICLE HEADLINES


Feature Article

NEW LAW ON ATTORNEY'S LIEN
Lien Attorney Gets on Client's Claim When Commencing Litigation Is Allowed as Well for Arbitration and Mediation

arrow General Practice Points

NEW LAW ON CONTRACTOR'S ACTION
Amendment Says That as Long as Contractor Was Licensed at Time of Work, License Need Not Still Be in Effect When Action Is Later Brought

REPEAL OF CPLR 2310
New Law: CPLR Provisions on Subpoena Practice Now Govern in Labor Law Investigations 


 


FORUM NON CONVENIENS CONTROVERSY
Court Making Conveniens Dismissal Sua Sponte Is Reversed, Because Motion by Party Is Required

WHEN SECOND IME ALLOWED
Second IME May Be Okay, But Only on Showing of Unusual or Unanticipated Circumstances, Not Shown Here

WHO CONDUCTS SECOND IME?
New Exam After Second Surgery Must Be Conducted by Same MD Unless Defendant Can Show Reason for New One

 

 


arrow Special Notes:

WHAT DOES IT TAKE TO ESTABLISH CHAMPERTY?
Hard-to-Determine Motivation Behind Plaintiff's Purchase of Defaulted Notes Bars Summary Dismissal and Generates Need for Discovery on Subject

FREEDOM OF INFORMATION LAW
Statute Provides for Costs and Fees Agency Can Charge Applicant for FOIL Disclosure, But Agency Can't Require Prepayment of Them Unless Hearing Determines Their Correctness

FAILURE TO IDENTIFY EXPERTS
Failure Doesn't Necessarily Bar Use of Expert's Affidavit on Summary Judgment Motion


         
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