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FEBRUARY 1998
 
Overview of topics...

Lead Note:

AMENDED SANCTIONS RULE GOES INTO EFFECT, ALONG WITH STANDARDS OF CIVILITY RULE AND STATEMENT OF CLIENT'S RIGHTS RULE--PART II (Concluded)

New Laws:

 

  • New Regulation of Stenographic Transcript FeesGoes Into Effect February 1st

Tracking the New Laws:

 

  • What Law Governs "Follow-Up" Action in Old Law Case If Brought After New Law Takes Effect?
  • New CPLR 306-b Is Applied Retroactively to Revive Case Previously Dismissed for Not Filing Proof of Service

General Practice:

 

  • Treating Physician Not Disclosable Through Request for Disclosure of Expert Witnesses
  • Another Phony "Move" to Bronx for Venue Fails

Backlog Items:

 

  • Nonparty's In-Court Agreement Held Binding as Contract, Though Invalid as "Stipulation"
  • Okay to Restrain Third-Person's Account if Debtor Used It Like His Own

 ARTICLE HEADLINES

FEATURE ARTICLE:
AMENDED SANCTIONS RULE GOES INTO EFFECT, ALONG WITH STANDARDS OF CIVILITY RULE AND STATEMENT OF CLIENT'S RIGHTS RULE--PART II (Concluded)
• Firm Liable
• Amounts of "Costs" Increased
• Applicable to Disclosure Proceedings
• Applicable to Matrimonial Actions
• Not Applicable to Tort Actions?
• Sanctions for Failure to Show for Court Appearance


 NEW LAWS

TRANSCRIPT FEES:
New Rule Imposes "Guidelines" Limits on Reporters' Fees

 
 TRACKING THE NEW LAWS

CASE CAUGHT IN THE MIDDLE:
What Law Applies to Follow-Up Action (in Old-Law Case) Brought After "Deemed Dismissal", But After January 1st?

IS NEW CPLR 306-b RETROACTIVE?:
Case Quickly Holds for Retroactivity, Reviving a Claim Already Dismissed for Failure to File Proof of Service

 GENERAL PRACTICE

DISCLOSING EXPERT WITNESSES:
Treating Physician Not Deemed "Expert" for Purposes of CPLR 3101(d)(1)(i) Disclosure

 
ODE TO THE BRONX - REPRISE:
Another Phony Venue "Move" to the Bronx Fails; Plaintiff Is Sent Packing, Back to Nassau County

 BACKLOG ITEMS

STIPULATIONS WITH THIRD PARTY:
Nonparty's Oral In-Court Agreement to Settlement Upheld Not as Stipulation, But as Ordinary Contract

ENFORCEMENT OF JUDGMENTS:
Restraining Notice Okay Against Third Person's Account If Debtor Made Regular Deposits In It

         
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