FEATURE ARTICLE:
THE PERENNIAL ARGUMENTS OVER LATE SERVICE OF
PAPERS IN MOTION PRACTICE
 TRACKING
THE NEW LAWS
OBJECTING TO JURISDICTION:
Objecting to Untimeliness of Action Doesn't
Subsume Objection to Jurisdiction; Raise Jurisdictional Objection
Distinctly
NO MORE 120 DAYS FOR NEW ACTION:
An Insidious Source of Surprise: The Expiration
of a Statute of Limitations While a Motion to Dismiss Pends
GENERAL
PRACTICE
RESTITUTION AFTER SUCCESSFUL APPEAL:
When Judgment That Has Been Paid Is Reversed
on Appeal, Attorney for Plaintiff Must Return Fee Segment
|
|
DEPOSING PHYSICIAN:
Even P's Treating Physician Is Subject to Deposition
by D If Residing More Than 100 Miles Away from Courthouse
ABUSE OF "RENEWAL" MOTION:
Recruitment of New Expert After P Is Granted
Partial Summary Judgment Can't Support Renewal Motion
MONETARY SANCTIONS:
Money Penalty Is Okay as Condition for Vacating
Default, But Money Goes to Opposing Party or Lawyer, Not Court
MORE FALLOUT FROM HENRY CASE:
Trial Court in 2d Dep't "Constrained" to Hold
Infancy Toll Inapplicable When Infant Has Parent
|
|
MATRIMONIAL ACTIONS:
Any Kind of Matrimonial Counterclaim Is Interposable
in Any Kind of Matrimonial Action; Old Restrictions Don't Apply
BACKLOG
ITEMS
BORROWING STATUTE:
Husband's Residency No Longer Imputed to Wife
in Legal Tests, But Judged on Its Own
BORROWING STATUTE:
Foreign Period Is Borrowed Even If It Is Not
Ordinary Statute of Limitations, but Statute of "Repose"
CONTROLLING THE INTEREST RATE:
Failing to Include "Until Paid" Provision in
Promissory Note Forfeits Contract Rate of Interest
|
