Search the Issue Highlights:  

Search Tips

Issue Index About SPR Subscriptions The Author  
 

 

 
     

SEPTEMBER 1997
 
Overview of topics...

Lead Note:

"DEEMED DISMISSED" FEATURE OF FILING SYSTEM ABOLISHED; COURT GIVEN DISCRETION TO EXTEND TIME FOR SERVICE--PART II

New Law:

 

  • City Marshals Get Power to Enforce Supreme Court Judgments

General Practice:

 

  • New Jersey Law Can't Stop Lawyer's New York Suit for Fees
  • Unlike Uncontested Default Judgment, Contested One Doesn't Allow Year for Vacatur
  • Preferred Calendar Spot That Deceased Had Is Retained When Representative Is Substituted

Backlog Items:

 

  • Interest and Cost Penalty for Not Paying Settled Sum on Time
  • Legal Malpractice Defendant Impleading Medical Malpracticer?
  • Attempt to Withhold Expert's Affidavit UntilCourt Requires It to Oppose Summary Judgment

Open Citations:

 

  • Independent (Issue 53:Page 2): 233 A.D.2d 883.
  • Knapp (54:2): 171 Misc.2d 597, 655 N.Y.S.2d 732.
  • Morrison (57:1): 230 A.D.2d 253, 657 N.Y.S.2d 721.
  • Mastropierro (59:3): 233 A.D.2d 483.

 ARTICLE HEADLINES

FEATURE ARTICLE:
"DEEMED DISMISSED" FEATURE OF FILING SYSTEM ABOLISHED; COURT GIVEN DISCRETION TO EXTEND TIME FOR SERVICE--PART II
  •  Requirement to File Proof of Service Eliminated
  • No Automatic "Deemed Dismissed"; Court Now Allowed to Extend Time for Service
  •  Extending the Time for "Good Cause"
  • Service in Foreign Country
  • How Long a Time Extension?
  • Does Extension under CPLR 306-b Violate Rule About Extending Statute of Limitations?

NEW "COMMENCEMENT" RULE (CPLR 306-b)
SCHEDULE OF TREATMENT OF SUBJECT CAPTIONS


Other Prior Law Features -- and Problems -- That Remain in the Picture

 
 NEW LAW

ENFORCING SUPREME COURT JUDGMENTS:
In Ambiguous Statute, City Marshals Apparently Get Power to Enforce Supreme Court Judgments

 GENERAL PRACTICE

ACTION FOR LAWYERS' FEES:
New York Labor Lawyer Acting for New Jersey Union Allowed to Sue for Fees in New York

VACATING DEFAULTS:
If D Contests P's Application for Default, and Loses, D Must Appeal Now; D Doesn't Have Year to Move to Vacate

 
PREFERENCES:
When Personal Representative Is Substituted for Deceased Plaintiff, Preferred Position Granted Deceased Is Retained

 BACKLOG ITEMS

DELAY IN PAYING SETTLEMENT:
Failure to Pay Settled Sum Within 21 Days Brings Full Bill of Costs Against Defendant

LAWYER IMPLEADING DOCTOR?:
Lawyer Sued for Malpractice for Letting Medical Malpractice Claim Lapse Has No Contribution Claim Against the Medical People

IDENTIFYING MEDICAL EXPERT:
Use of Summary Judgment Motion to Flush Out Name of P's Identifying Expert in Med Mal Case

         
  ©1993 David D. Siegel  All rights reserved.   |   Web design & hosting by Azurelink.   |  Site Comments?