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FEBRUARY 1997
 
Overview of topics...

Lead Note:

PRESERVING JURISDICTIONAL OBJECTION WHEN PLAINTIFF STARTS THINGS OFF WITH INADEQUATE NOTICE

Tracking the New Laws:

 

  • More Cases on Retroactivity of Omnibus WC Law
  • Different Consequences of Original Versus Later Joinder of Additional Party

General Practice:

 

  • Estoppel or Acquiescence Can Support Attorneys' Fees in Arbitration
  • Only "Consumer", Not Corporation, Can Use Statute Barring Recovery by Unlicensed Contractor
  • Civil Court Orders "Conveniens" Dismissal of Action Lacking Local Contacts
  • Solving Enforcement Problem When Debtor Is Spouse and Property Is Owned by Entirety
  • Procedure for Restitution After Vacatur of Already-Enforced Judgment

Backlog Items:

 

  • Certifying Audiotaped Depositions
  • Does 1 1/2% Interest Charge on Monthly Statement Bind Buyer?
  • Need Punitive Damages Bear Ratio to Compensatory Damages?

Open Citations :

 

  • Troy (Issue 41/Page 3): 223 A.D.2d 995, 636 N.Y.S.2d 499.
  • Grassel (42/2): 223 A.D.2d 803.
  • Winston (51/3): 224 A.D.2d 160.

 ARTICLE HEADLINES

FEATURE ARTICLE:
PRESERVING JURISDICTIONAL OBJECTION WHEN PLAINTIFF STARTS THINGS OFF WITH INADEQUATE NOTICE

 
TRACKING THE NEW LAWS

THE WORKERS' COMPENSATION BILL:
More Holdings on Retroactivity of Omnibus Bill

JOINING ADDITIONAL PARTY:
Irony: It May Be Easier Not to Name a Given Person Initially at All (Adding It Later), Than Join But Not Serve It on Time

 GENERAL PRACTICE

ATTORNEYS' FEES IN ARBITRATION:
Requesting Attorneys' Fees in Statement of Position in Arbitration Supports Their Award for Either Side

 
UNLICENSED CONTRACTOR:
Statute Disallowing Post-Job Licensing by Contractor Applies Only to Protect Consumer, Not Another Contractor

CIVIL COURT APPLIES FORUM NON CONVENIENS DOCTRINE TO DISMISS CASE LACKING LOCAL CONTACTS EVEN THOUGH CASE IS PROPERLY WITHIN NEW YORK STATE COURT SYSTEM

TENANCY BY ENTIRETY:
Solving Enforcement Problem When Debtor H and Non-Debtor W Own Property by the Entirety

RESTITUTION AFTER JUDGMENT VACATED:
Separate Motion Okay for Restitution After D Succeeds in Getting Already-Satisfied Judgment Vacated

 
 
BACKLOG ITEMS

AUDIOTAPING DEPOSITIONS:
Notary Not Present at Deposition Can't Certify Transcription of Audio Tapes

PREJUDGMENT INTEREST:
Invoice Warning of 1 1/2% Monthly Interest for Lateness Can't Alter CPLR Prejudgment Rate

LOVE THY PROCESS SERVER:
No Specific Ratio of Punitive to Compensatory Damages Is Required; Assaulted Process Server Gets Award of $10,000

         
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