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November 2001
 
Overview of topics...

Lead Note:

PROCEDURE FOR MOVING FOR CONSOLIDATION OR JOINT TRIAL

General Practice:

 

  • Motion to File Extension of Lis Pendens Must Be Made Before Original Three-Year Period Expires
  • Nonresident Debtor on N.Y. Judgment Is Subject to Subpoena Through Service on His New York Lawyer, But Only If Order So Allows
  • Persistent Ignoring of Bill of Particulars Demands Brings Censure and Sanctions
  • What to Do on Last Day of Statute of Limitations When Filing Can't Be Made Because Bad Weather Closes Courthouse
  • Conflict About Whether D Has to Plead Article 16 as Defense, and What Particulars of It Must Be Furnished
  • Statute Explicitly Saying Service Marks Commencement Supersedes CPLR's Filing, Bringing Loss for Just Few Days Variation
  • D's Repeated Failure to Reveal Insurance on Two Cars in D's Household Brings Default and Inquest

Backlog Items:

 

  • Merely Telephoning and Sending Faxes to State Doesn't Suffice for Longarm Jurisdiction, or Even as Basis for Disclosure About It
  • Conveniens Dismissal of 3d Party Claim May Be Made Even Though Main Claim Is Retained
  • Security for Costs Can't Be Demanded of Small Claims Plaintiff

 ARTICLE HEADLINES

FEATURE ARTICLE:
PROCEDURE FOR MOVING FOR CONSOLIDATION OR JOINT TRIAL

GENERAL PRACTICE

LIS PENDENS FILINGS:
Motion to File Extension of Lis Pendens Must Be Made Before Original Three-Year Period Expires

EXTRASTATE SERVICE OF SUBPOENA:
Judgment Debtor on New York Judgment Is Subject to Subpoena Through Service on His New York Lawyer, But Court Order Is Needed to Implement It

SANCTIONS:
Persistent Ignoring of Bill of Particulars Demands Brings Censure and Sanctions

 
CLOSED COURTHOUSE:
What to Do on Last Day of Statute of Limitations When Filing Can't Be Made Because Bad Weather Has Closed Courthouse

PLEADING ART. 16 DEFENSE:
Conflict About Whether D Has to Plead Article 16 as Defense, and What a Bill of Particulars of the Defense Must Contain

LINGERING "FILING" PROBLEMS:
Statute Explicitly Saying Service Marks Commencement Supersedes CPLR's Filing, Bringing Loss for Just Few Days Variation

OBLIGATION TO REVEAL INSURANCE:
D's Repeated Failure to Reveal Insurance on Two Cars in D's Household Results in Default and Inquest

 
BACKLOG ITEMS

LONGARM JURISDICTION:
Merely Telephoning and Sending Faxes to State Doesn't Suffice for Longarm Jurisdiction, or Even as Basis for Disclosure About It

THIRD-PARTY PRACTICE:
Third-Party Claim Can Be Dismissed for Forum Non Conveniens Even Though Main Claim Is Retained

SECURITY FOR COSTS:
Security for Costs Can't Be Demanded of Small Claims Plaintiff
         
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