FEATURE ARTICLE:
CONFUSING ROLE PLAYED BY CPLR 3126 -- THE DISMISSAL
FOR FAILURE TO MAKE DISCLOSURE -- IN THE LAXNESS DISMISSAL REALMS
OF CPLR 3216 AND 3404
GENERAL PRACTICE
"IN LIMINE" MOTIONS:
Court Says There's No Requirement That "In
Limine" Motions Be in Writing
EXPERT DISCLOSURE:
P's Failure to Identify Experts Bars P from
Using Them Even Just to Oppose D's Motion for Summary Judgment
TIME LIMIT ON ENTERING ORDERS:
60-Day Time Limit for Entering Order or Judgment
Still Turning Victories into Defeats
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EXTENDING TIME FOR SUIT:
Extension of Time Must Be Sought in First
Action, Not in Second One After Expiration of Statute of Limitations
SERVICE IN SPECIAL PROCEEDING:
Service in Special Proceeding Made Before
Filing Is Void and Gets No Time Extension; Recent Amendment Does
Not Change That
BACKLOG ITEMS
TOLL FOR INSANITY:
Whether P Gets Toll for Insanity Is Fact
Question for Court, Not Jury
MECHANIC'S LIEN:
Whole Mechanic's Lien Expires Because P Didn't
Get Lis Pendens Extended; Foreclosure Action Dismissed
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JURISDICTION FOR RENT JUDGMENT:
Service in Summary Proceeding That Would
Confer Personal Jurisdiction in Action Affords Basis for Rent Judgment
FEDERAL PRACTICE
CHOICE OF LAW IN TRANSFERRED CASE:
If Federal Court in Original District Would
Have Dismissed Claim, Transferor Law Does Not Accompany Case to
New York
REMOVAL TO FEDERAL COURT:
30-Day Period for Removing State Action Runs
from Time of Service on Last-Served, Not First-Served, Defendant
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