Siegel's Practice Review - Issue No. 259, July 2013 Headlines & Topics - New Laws, Civil Practice, New York Attorneys/Lawyers


July, 2013

Overview of topics...

LEAD NOTE:

Illustration of Preclusion Order as Penalty for Party's Disclosure Misconduct

SPECIAL NOTE:

Attorney-Client Privilege Can Be Lifted, and Disclosure of Pertinent Documents Ordered Disclosed, If Fraud or Crime Indicated

GENERAL PRACTICE:

Dismissal for Plaintiff's Want of Capacity to Sue Is Not on Merits; Hence CPLR 205(a) Time Extension Is Available
D's Tender to P of All P Seeks Renders Case Moot and Divests Federal Court of Subject Matter Jurisdiction
If Both Parties Are in New York, Either Can Record Phone Conversation Without Consent of the Other
Attorneys' "Charging" and "Retaining" Liens Distinguished; Latter Held Confined to Property Already in Possession of Attorney
D's Replacement of Walkway on Which P Fell Without First Offering P Inspection Opportunity Constitutes Spoliation and Brings Summary Judgment Against D

BACKLOG ITEMS:

Securing Foreign Country Injunction to Try to Stop Enforcement of New York Judgment Fails
Attorney Sued for Misconduct under Judiciary Law § 487 May Not Seek Contribution from Others

ARTICLE HEADLINES

Feature Article

ILLUSTRATION OF PRECLUSION ORDER AS PENALTY FOR PARTY'S DISCLOSURE MISCONDUCT

Special Note

CRIME-FRAUD DISCLOSURE EXCEPTION
Attorney-Client Privilege Can Be Lifted, and Disclosure of Pertinent Documents Ordered Disclosed, If Fraud or Crime Indicated

General Practice Points

"WITH PREJUDICE" PROBLEM AGAIN
Dismissal for Plaintiff's Want of Capacity to Sue Is Not on Merits; Hence CPLR 205(a) Time Extension Is Available

FEDERAL MOOTNESS DOCTRINE
D's Tender to P of All P Seeks Renders Case Moot and Divests Federal Court of Subject Matter Jurisdiction

RECORDING PHONE CONVERSATION
Pro Se Plaintiffs' Abuse of Judicial Process Brings Court Direction Barring Further Pro Se Activity Without Prior Court Leav

ATTORNEYS' LIENS
"Charging" and "Retaining" Liens Distinguished; Latter Held Confined to Property Already in Possession of Attorney

SPOLIATION
D's Replacement of Walkway on Which P Fell Without First Offering P Inspection Opportunity Brings Summary Judgment Against D

Backlog Items

ATTEMPT TO EVADE ENFORCEMENT
Securing Foreign Country Injunction to Try to Stop Enforcement of New York Judgment Fails

ATTORNEY'S IMPLEADER RIGHTS
Attorney Sued for Misconduct under Judiciary Law § 487 May Not Seek Contribution from Others