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March 2001
 
Overview of topics...

Lead Note:

THE VOLUNTARY DISCONTINUANCE IN THE MATRIMONIAL ACTION: A WEAPON THAT CAN BE WORTH MILLIONS AGAINST UNWARY SPOUSES

General Practice:

 

  • Appellate Division Upholds Decision Voiding Time Curtailments in No-Fault Cases
  • Attorney General's Directive Facilitates Process Service at His Various State Offices
  • Attorney Can't Respond to CPLR 3123 Noticeto Admit; His Response Equals Admission
  • Conflict on Rate of Interest Against State: Different Judge Says Equities Okay to Consider
  • Special Showing Needed to Change Venue to Proper County If Demand Procedure Not Followed
  • What Impact When Driver Won't Cooperate with Insurer in Defense of Tort Claim Against Owner?
  • Is New Filing Fee Required for Lower Court Judgment Seeking Enforcement in Supreme Court?
  • Collating "Good Cause" Versus "Interest of Justice" Factors in Determining Whether to Allow Late Service

Backlog Items:

 

  • No Dismissal for P's Death Until Judge Assures Opportunity to Secure Substitution
  • Attorney Who Is Party Can't "Affirm"; Must Go Before Notary
  • No Exchange of Reports Required If Examiner Is Not MD

Open Citations:

 

  • Way (Issue 101:Page 2): 186 Misc.2d 110, 714 N.Y.S.2d 639.
  • Saastomoinen (102:2): 717 N.Y.S.2d 274.

 ARTICLE HEADLINES

FEATURE ARTICLE:
THE VOLUNTARY DISCONTINUANCE IN THE MATRIMONIAL ACTION: A WEAPON THAT CAN BE WORTH MILLIONS AGAINST UNWARY SPOUSES

GENERAL PRACTICE:

VOIDING OF NO-FAULT RULE UPHELD:
Appellate Division Rejects Insurance Regulation Seeking to Reduce Time for No-Fault Application from 90 to 30 days

SERVING ATTORNEY GENERAL:
Attorney General Issues Directive Designed to Facilitate Process Service at His Various State Offices

NOTICE TO ADMIT IMPACT :
Party, Not Attorney, Must Make the Statement That Responds to a CPLR 3123 Notice to Admit; and Response Must Have Specifics

 
CONFLICT ON RATE OF INTEREST AGAINST STATE:
Disagreeing with Auer Case, Different Judge Says It's Okay to Consider Equity Investment Opportunities in Fixing Rate of Interest Against State

RIGHT TO CHANGE VENUE:
Defendant Who Fails to Use Of-Right Procedure for Venue Change Must Make Special Showing for Discretionary Change

LIABILITY INSURER'S DILEMMA:
What Impact When Driver, Additional Insured, Won't Cooperate with Insurer in Defense of Tort Claim

ENFORCING LOWER COURT JUDGMENTS:
Is New Filing Fee Required When Lower Court Judgment Seeks Enforcement in Supreme Court?

 
EXTENDING TIME FOR SUMMONS:
"Good Cause" Versus "Interest of Justice" Factors for Determining Whether to Allow Service Past the 120-Day Period

BACKLOG ITEMS:

EFFECT OF PLAINTIFF'S DEATH:
No Dismissal for Failure to Substitute for Deceased Plaintiff Until Court Notifies Plaintiff's Side

ATTORNEY'S AFFIRMATIONS:
Attorney Who Is Party Can't Use Mere "Affirmation" for Sworn Statement; Must Go Before Notary

CPLR 3121 EXCHANGE OF REPORTS:
When Examiner Is Other Than MD, CPLR 3101, not CPLR 3121, Governs and P Is Entitled to Copy of Report Without Exchange

         
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