Siegel's Practice Review - Issue No. 260, August 2013 Headlines & Topics - New Laws, Civil Practice, New York Attorneys/Lawyers

Overview of topics...

NEW LAWS: THREE CPLR AMENDMENTS

In Residential Foreclosure Actions, New CPLR 3012-b Requires Lawyer's Certificate to Accompany Complaint
CPLR 3103(a): Protective Order May Now Be Sought by Person "About Whom" Discovery Is Sought
CPLR 4106: More Than Two Alternate Jurors to Be Allowed, and Alternates Need No Longer Be Dismissed After Case Submitted to Jury

SPECIAL NOTE:

Agreement to "Mediate" Dispute Can't Be Enforced; Failure of Parties to Seek Mediation Thus Does Not Bar Litigation

GENERAL PRACTICE:

Laches Can't Dismiss Even Dozen-Year-Old Case; CPLR 3216 Is Remedy and Failure to Pursue Its Demand Procedure Keeps Case Alive
Court's Finding That Sender "In Effect" Subscribed Email Suffices to Uphold Settlement
Complaint Can Assert Several Claims After Notice -- Used at Start -- States Only One; What Effect on Federal Removal?

ARTICLE HEADLINES

Feature Article

THREE NEW CPLR AMENDMENTS

CPLR 3012-b, eff. Aug. 30, 2013 In Residential Foreclosure Actions, New Statute Requires Lawyer's Certificate to Accompany Complaint
CPLR 3103(a), eff. July 31, 2013 Protective Order May Now Be Sought by Person "About Whom" Discovery Is Sought
CPLR 4106, eff. Jan. 1, 2014 More Than Two Alternate Jurors to Be Allowed, and Alternates Need No Longer Be Dismissed After Case Submitted to Jury

Special Note

ARBITRATION VERSUS MEDIATION
Agreement to "Mediate" Dispute Can't Be Enforced; Failure of Parties to Seek Mediation Thus Does Not Bar Litigation

General Practice Points

NEGLECT TO PROSECUTE
Laches Can't Dismiss Even Dozen-Year-Old Case; CPLR 3216 Is Remedy and Failure to Pursue Its Demand Procedure Keeps Case Aliv

EFFECT OF EMAIL
Court's Finding That Sender "In Effect" Subscribed Email Suffices to Uphold Settlement

COMMENCEMENT WITH MERE NOTICE
Complaint Can Assert Several Claims After Notice -- Used at Start -- States Only One; What Effect on Federal Removal?