FEATURE ARTICLE:
 NEW
LAWS
- Filing by Fax or Electronic Means.
- Reargument and Renewal Motions.
- Special Proceedings Affecting Arbitration.
- Service on Limited Partnerships and Limited
Liability Companies.
- Party's Service of Own Paper Extends
Appeal Time.
- No Automatic Transfer of Small Claim
When Attorneys Present.
DISCOVERY DISPUTE:
Court Notes Shift in Burden of Making Motion
When Discovery Dispute Arises
|
|
GENERAL
PRACTICE
ARBITRATION AWARDS:
Hidden Risk of Forfeiting Opportunity to Confirm
or Attack Arbitration Award by Raising Issue in Wrong Form
CONVERTING MOTION INTO PROCEEDING?:
Can Improperly Brought Motion Be Converted
Into Should-Have-Been-Brought Special Proceeding?
RECOGNIZING FOREIGN JUDGMENTS:
Finding Its Judicial Procedures Comparable
to New York's Own, Court Grants Recognition to Romanian Judgment
MORE HENRY FALLOUT:
Court in Second Department, Finding Henry Wrong
on Infant's Toll, Restricts It to Actions Against Municipalities
OFFER TO COMPROMISE:
"Costs" Under Offer to Compromise Statute Are
the Usual Nominal Sums; $25,000 for Expert (Etc.) Fees Disallowed
|
|
BACKLOG
ITEMS
NEGLECT TO PROSECUTE:
90-Day Neglect to Prosecute Demand Remains
Valid Even If D Itself Seeks Further Discovery After Serving the Demand
EQUITABLE DISTRIBUTION RACE?:
Divorce Action Commenced by H Without Complaint
Is Not Pending Action to Which W's Later Divorce Action Must Defer
FEDERAL
JURISDICTION
TIME TO REMOVE:
U.S. Supreme Court Holds That 30-Day Removal
Time Can't Run Until Summons Is Served; Won't Start from Faxed Copy
of Complaint
"GENERAL" FEDERAL LONGARM JURISDICTION:
To Exploit This Illusive Opportunity, Plaintiff
Has Burden of Showing That Defendant Is Not Within Any State's Longarm
Jurisdiction
|
