LEAD NOTE IN ISSUE 210:

The lead note is about the recent amendment of CPLR 205(a), designed to require a showing that the court dismissing a case for neglect to prosecute document in its decision a "general pattern of delay" on the part of the plaintiff before the plaintiff can be denied the statutory extension for a new action. The note is entitled, THE "GENERAL PATTERN OF DELAY" AMENDMENT OF CPLR 205(a): If Judge Dismissing Earlier Action Didn't Consider It Neglect to Prosecute, Plaintiff Does Get Six Months of CPLR 205(a) for New Action.

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CONTENT OF SPR 210 THIS MONTH:

Lead Note:

• The "General Pattern of Delay" Amendment of CPLR 205(a): If Judge Dismissing Earlier Action Didn't Consider It Neglect to Prosecute, Plaintiff Does Get Six Months of CPLR 205(a) for New Action

General Practice:

• When Subcontractor S Sues Contractor G to Recover for Work Done, G's Defense of Offset Based on Damages G Incurred Because of S's Negligence Is Not "Claim" That S's Insurer Has to Defend
• Service Outside State by One Not on CPLR 313 List of Proper Servers Held Void, Vacating Default Judgment
• Mailing Notice of Appeal from New Jersey Is No Good; Mailing Must Be from New York; Forfeited Appeal Is Result
• When P Sues D to Foreclose Mechanic's Lien on D's Property, and Joins L, Who Had Also Filed Lien, L Must Assert Its Lien as Counterclaim
• In Measuring Value of Real Property Levied On to Determine Poundage, Mortgages and Liens May Not Be Subtracted
• Recent Article Discusses Kinds of Action That Satisfy CPLR 6501 and Permit Filing of Lis Pendens

Backlog Items:

• Store's Surveillance Tapes of Premises at Time of Plaintiff's Fall Are Disclosable Without Plaintiff First Having to Depose; and Stores Are Warned About Destroying Tapes
• Civil Court Holds It Can Itself Grant Leave to File Late Notice of Claim; Application to Supreme Court Is Not Necessary

See Issue 210 Headlines...