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 Feature Article
INTEREST ON DELAYED NO-FAULT CLAIM
Plaintiff Who Delays Court Proceeding Can't
Claim Interest for Delayed Period
General Practice Points
SPOLIATION
While NY Follows Federal Zubulake Decision in ESI Cases, NY's "Common Law" on Spoliation Still Governs in Other Cases
RECIPROCAL ATTORNEY DISCIPLINE
Censure of Attorney by Federal Circuit Court Supports Similar Censure by New York Almost Automatically
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ESCROW JURISDICTION
Because of Civil Court's Limited Equity Jurisdiction, It Can't Order Funds Escrowed Pending Further Proceeding
ATTORNEYS' FEES
By Violating Filing and Submission Requirements of Rule 1400, Matrimonial Lawyer Forfeits Fee and Must Return Retainer Already Paid
NOTICE OF PENDENCY ISSUES
Even Though Notice of Pendency Was Filed with County Clerk in Connection with Action to Foreclose Mechanic's Lien Brought in State's Lower Court, Latter Has No Control of It
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LAW OFFICE FAILURES
Claimant's Counsel Failed for Two Months to Advise Court of Scheduling Conflict; Default Not Excusable as "Law Office Failure"
COURT OF CLAIMS FILING
Nonpayment of Fee Within "Court-Ordered" Deadline Not Jurisdictional; Court Can Disregard under CPLR 2001 and Extend Time under CPLR 2004
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