LEAD NOTE IN ISSUE 243:

The lead note this month is on U.S. Bank N.A. v. GreenPoint Mtge. Funding, Inc., a unanimous First Department decision adopting the federal Zubulake decision on who pays for disclosure, especially electronically stored information. It holds that, at least initially, the cost of disclosure must be borne by the party on whom the disclosure demand is made. The note is captioned, WHICH PARTY IS TO PAY THE COST OF RETRIEVING "ELECTRONICALLY STORED INFORMATION" (ESI)? Another Major Treatment by First Department Appellate Division, Again Adopting Federal Zubulake Decision and Placing Initial Burden on Responder

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CONTENT OF SPR 243 THIS MONTH:

Lead Note:

• In Major Treatment, Appellate Division Adopts Federal Zubulake Decision and Places Initial Expense of Retrieving Electronically Stored Information (ESI) on Responder

General Practice:

• Expansion of E-Filing Into More Courts
• Plaintiff's Refusal to Enter State to Depose in His Own Action Because He Feared Arrest for His Contempt in Another Action Is Nice Try, But Doesn't Work; Big Forfeiture Is Result
• In Detailed Treatment of CPLR 5222-a Procedures for Protecting Exempt Funds in Account, Federal Court Holds Depositor/Debtor Has No Private Claim Against Bank
• Amendment of Pleading Denied for Violation of Recent Law Requiring That It Be Accompanied by Statement of Proposed Changes
• Submission of "Affirmation" When "Affidavit" Is Required May Be Corrected Without Consequence, and Affidavit Substituted

Backlog Items:

• If Description of Site of Accident Is Inaccurate in Filed Claim, State in Court of Claims Action Is Entitled to Dismissal Without Proving Prejudice
• Jud.L. § 470 Is Found Unconstitutional in Requiring Nonresident Attorney to Maintain New York Office

See Issue 243 Headlines...