SPR - March 2002 Headlines & Topics


March 2002

Overview of topics...

Lead Note:

MANDATORY "WRITTEN LETTER OF ENGAGEMENT" RULE TAKES EFFECT MARCH 4, 2002; THRESHOLD RAISED TO $3000

General Practice:

1st Dep't Adopts 2d Dep't Lopez View on Laxness Dismissals, Drawing Sharp Line Between CPLR 3216 and 3404
Issue About When Special Proceeding Is Commenced Subsists Despite Recent CPLR 304 Amendment
The Effect of D's Counterclaim and Insolvency on P's Right to Summary Judgment on Main Claim
"Regulation 68", Reducing No-Fault Times from 90 to 30 and 180 to 45 Days, Is Sustained by Court
If D Refuses to Acknowledge Mail Service, Can Clerk Assess Cost of Alternative Service?

ARTICLE HEADLINES

FEATURE ARTICLE:
MANDATORY "WRITTEN LETTER OF ENGAGEMENT" RULE TAKES EFFECT MARCH 4, 2002; THRESHOLD RAISED TO $3000

• Gist of New Rule
• When Letter Must Be Given
• What Letter Must Contain
• Signed Retainer Agreement
Okay as Alternative
• Exceptions to Rule 1215
• Fee Forfeited If Rule Violated?
• Interplay with "Statement of
Client's Rights"
• "Nonengagement" Letter

GENERAL PRACTICE

LAXNESS DISMISSALS:
1st Dep't Adopts 2d Dep't Lopez View, Drawing Sharp Line Between CPLR 3216 and 3404 and Marking the Division at the Filing of the Note of Issue

PARTIAL SUMMARY JUDGMENT IN COUNTERCLAIM CASES: IMPACT OF ONE SIDE'S INSOLVENCY

COMMENCING SPECIAL PROCEEDING:
Conflicting Indications About Moment That Special Proceeding Is Deemed Commenced

"REGULATION 68" SUSTAINED:
Regulation Reducing No-Fault Times from 90 to 30 and 180 to 45 Days Is Sustained by Court

SERVICE BY MAIL:
Can Clerk Tax Costs of Service When Defendant Refuses to Acknowledge Mail Service, Or Must Court Do It?