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DECEMBER 1999
 
Overview of topics...

Lead Note:

THREE CHEERS FOR THE MEDDLESOME CLERK: INTRUSIVE ACTS CAN SAVE THE PLAINTIFF'S CASE AT COMMENCEMENT TIME--Part 2 (concluded)

General Practice:

 

  • Henry Case Reversed and Infancy Toll Restored
  • Limitations' Objection Not Asserted in Required Form Allowed as Summary Judgment Basis
  • Changing Lawyer's Name After Filing Held Okay
  • Pleading Requirements in Different Courts: Comparing "Notice" and "Indorsement" Pleading
  • Article 54 Registration Procedure Not Available to Renew New York Judgment
  • Issues of Substantive Liability and Jurisdiction for Internet Acts

Backlog Items:

 

  • Don't Anticipate Grant of Motion to Enlarge Appellate Record by Including Extra Materials
  • Stay of N.Y. Action to Await Outcome of Criminal Prosecution Elsewhere
  • Defendant Relying on Article 16 Must Plead Fault of Other Tortfeasors Specifically

Open Citations:

 

  • Testa (Issue 87:Page 3): 261 A.D.2d 866.

 ARTICLE HEADLINES

FEATURE ARTICLE:
THREE CHEERS FOR THE MEDDLESOME CLERK: INTRUSIVE ACTS CAN SAVE THE PLAINTIFF'S CASE AT COMMENCEMENT TIME--Part 2 (concluded)

GENERAL PRACTICE

NO MORE HENRY FALLOUT:
Court of Appeals Reverses Henry Case and Restores Toll for Infancy

JUDGMENT ON UNPLEADED DEFENSE:
Plaintiff's Failure to Object Enables Defendant to Plead Late Limitations' Defense

 
OKAY TO CHANGE PAPERS?:
Merely Altering Attorney's Name on Summons and Complaint After Filing But Before Service Held Not to Void Jurisdiction

DIFFERENTIATING PLEADING REQUIREMENTS IN THE HIGHER AND LOWER COURTS, AND COMPARING "NOTICE" AND "INDORSEMENT" PLEADING

RENEWING NEW YORK JUDGMENT:
Facile Procedure of Article 54 for Registering Foreign Judgment Held Unavailable to Renew New York Judgment

LONGARM INTERNET JURISDICTION:
Federal Case in Virginia Prompts Interesting New York Questions About Reach of Internet in Defamation Cases

 
BACKLOG ITEMS

APPELLATE RECORD:
Don't Include Non-Record Material in Appellate Record on Assumption That Motion to Enlarge Record Will Be Granted

STAY OF CIVIL ACTION:
Court Stays N.Y. Civil Action to Await Outcome of N.J. Criminal Prosecution

ARTICLE 16 DEFENSE:
Pleading Article 16 Defense in Only General Terms Held Insufficient
         
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