FEATURE ARTICLE:
WHAT REMEDY HAS PLAINTIFF AGAINST A DEFENDANT
WHO PLEADS "GENERAL
DENIAL" WITHOUT INTENDING TO DENY EVERYTHING?
GENERAL PRACTICE
NO-FAULT LAW:
Continuing Imbroglio About Whether Finding
of "Liability" in
Vehicle Tort Case Automatically Establishes "Serious Injury"
COURT-ORDERED SERVICE:
Court Can't Give Simple Nunc Pro Tunc Effect to Sustain Method of
Service That Court Didn't Order Under CPLR 308(5)
DISCLOSURE ON JURISDICTION ONLY:
Defendant Foreign Corporation Seeking Dismissal Is Ordered to Make
Disclosure on Issue of Jurisdiction
BOTH KINDS OF SANCTION APPLIED:
Frivolous Claim and Frivolous Conduct Bring
Both Compensatory and Punitive Sanctions
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STATUS CONFERENCE:
Under Rule 202.27, Cure for P's Failure to Show for Status Conference
Is Dismissal, Even If Only Conditional
CONVERTING PROCEEDING TO MOTION:
Using Special Proceeding to Confirm Arbitration Award When Mere Motion
Was Indicated Can Be Cured with Simple Conversion
CONVERTING PROCEEDING TO MOTION:
Using Special Proceeding to Confirm Arbitration Award When Mere Motion Was Indicated
Can Be Cured with Simple Conversion
ACTION AGAINST ARCHITECT:
Postponed "Latent Effects" Accrual Doesn't Apply to Owner Suing Architect
13 Years After False Certififcation
ENFORCING SISTER-STATE JUDGMENTS:
New York Will Merely Modify Its Sister-State-Based Judgment After It Has Been
Modified at Home; Whole Judgment Need Not Be Vacated
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SELECTING A FORUM:
N.Y. Won't Honor Clause Selecting Federal Forum Exclusively Where
Not All Defendants Can Be Joined in Federal Action for Jurisdictional Reasons
SERVING AN LLC:
Service on "Managing Agent" Not Permissible Method for Serving
Limited Liability Company
LIMITS ON PARALEGALS:
Paralegal Gets Assessed Treble Damages for
Taking Steps That Court Finds to Be Practice of Law
BACKLOG
ITEMS
DECISION VERSUS JUDGMENT:
If There's Inconsistency Between Decision and Judgment, Decision
Controls
MOTION TO VACATE JUDGMENT:
Motion to Vacate Must Be by Order to Show Cause; Requirement
Held Jurisdictional
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