LEAD NOTE IN ISSUE 217:

The lead note is on the just-promulgated Rule 202.5(d), on what papers the clerk must reject for filing and what the clerk's obligations are with respect to other papers tendered for filing. The note is entitled, NEW COURT RULE (EFF. JAN. 13, 2010) ON CLERK'S DUTY TO ACCEPT PAPERS TENDERED FOR FILING; Lists Only Four Instances in Which Rejection Is Mandatory, and Elaborates on Proper Steps to Be Taken with Other Papers

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CONTENT OF SPR 217 THIS MONTH:

Lead Note:

• New Court Rule (eff. Jan. 13, 2010) on Clerk's Duty to Accept Papers Tendered for Filing

New Law:

• Major Bill on Mortgage Foreclosure Problem Expands on the Conference That CPLR 3408 Mandates

Special Note:

• Steady Silence by L, D's Lawyer, While P Tried to Get Settlement Entered, Bars Its Use Now, After Verdict Comes In for 10x More

General Practice:

• One Day Beyond 120-Day Period for Service Is Too Late, Especially When Notice to Defendant Now Long Exceeds Statute of Limitations
• Counsel Must Be Allowed Access to All Colloquy and Data Before Jury That Brings in Incomplete Verdict Is Sent Back to Deliberate Further
• Court Sets Alternative Ways of Deposing Foreign Plaintiffs Where It Would Be Undue Hardship for Them to Come to N.Y.
• When It's Not Clear in "Wrongful Birth" Case That Government Programs Will Pay All Expenses of Raising Child with Brain Abnormality, Medical Malpractice Action May Proceed
• Refusal by Examining MD, Who Moved Out of State, to Return for Trial Justifies New Exam by New MD

Backlog Items:

• Tenant's Election to Have Human Rights Division Hear Discrimination Claim Bars Court from Hearing It
• Because Old Attorney, Forwarding File to New One, Is Required to Retain Copy, Court Says Client Must Pay Copying Costs

See Issue 217 Headlines...