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September 2003
 

Overview of topics...

Lead Note:

TRACKING THE NEW LAWS ON MOTION FEES AND FILING SETTLEMENTS
MOST CONTROVERSIAL POINT: IS IT MANDATORY THAT THE TERMS OF THE SETTLEMENT BE REVEALED?

General Practice:

  • Corrections in Deposition Disallowed Because Not Made Until Two Months Beyond 60-Day Time Limit
  • Use of Deceased Nonparty's Deposition Allowed Although She Died Before Signing It
  • Tort Plaintiff's Lust for Bronx County Matched Only by Defendant's Passion to Avoid It
  • Severance Ordered of Eight "Wholly Separate" Medical Malpractice Claims Brought Against Same MD
  • Court Upholds $1,315,000 Verdict for Defendant's Failure to Offer More Than $50,000 Policy
  • P's Affidavit Unsuccessfully Opposing Summary Judgment for D-1 in D-1's Action Against D-2 Works Collateral Estoppel Against P in His Own Action
  • Failure to Fill Out County's "Cover Sheet" Is Not Jurisdictional Defect, So Court Sustains Filing Delayed Because Filer Couldn't Read Sheet
  • While Supreme Court Can Retransfer to Itself Case It Sent to Lower Court, Case's Mere "Languishing" in Lower Court Is Not Ground for Taking It Back
  • Service in Summary Proceeding That Would Confer Personal Jurisdiction in Action Also Affords Basis for Rent Judgment

Backlog Items:

  • Downloader of Web-Offered Program Is Not Bound by Arbitration Clause That Is Not Even Discernible Until Download Complete
  • Usual Rules About Whom to Serve for Corporate Defendant or Government Subdivision Don't Apply on Small Claim
  • Guardian ad Litem Can't Set Venue In Her Own County of Residence

 ARTICLE HEADLINES


FEATURE ARTICLE:

TRACKING THE NEW LAWS ON MOTION FEES AND FILING SETTLEMENTS
MOST CONTROVERSIAL POINT: IS IT MANDATORY THAT THE
TERMS OF THE SETTLEMENT BE REVEALED?


General Practice:

CORRECTED DEPOSITION REJECTED
Corrections in Deposition Disallowed Because Not Made Until Two Months Beyond 60-Day Time Limit

DELAYED DEPOSITION ALLOWED
Use of Deceased Nonparty's Deposition Allowed Although She Died Before Signing It

TALES OF THE BRONX
Tort Plaintiff's Lust for Bronx County Matched Only by Defendant's Passion to Avoid It

 


JOINDER OF PLAINTIFFS
Severance Ordered of Eight "Wholly Separate" Medical Malpractice Claims Brought Against Same MD

"INDEPENDENT MEDICAL EVALUATION" QUESTIONED
Court Upholds $1,315,000 Verdict for Defendant's Failure to Offer More Than $50,000 Policy

COLLATERAL ESTOPPEL AGAINST NONPARTY?
P's Affidavit Unsuccessfully Opposing Summary Judgment for D-1 in D-1's Action Against D-2 Works a Collateral Estoppel in P's Own Action Against D-1

DELAYED FILING EXCUSED
Failure to Fill Out County's "Cover Sheet" Is Not Jurisdictional Defect, So Court Sustains Filing Delayed Because Filer Couldn't Read Sheet

RETRANSFERING TRANSFERRED CASE
While Supreme Court Can Retransfer to Itself Case It Sent to Lower Court, Case's Mere "Languishing" in Lower
Court Is Not Ground for Retransfer

 


JURISDICTION FOR RENT JUDGMENT
Service in Summary Proceeding That Would Confer Personal Jurisdiction in Action Also Affords Basis for Rent Judgment


Backlog Items:

STEALTHY ARBITRATION CLAUSES
Downloader of Web-Offered Program Is Not Bound by Arbitration Clause That Is Not Even Discernible Until Download Complete

CORPORATE SERVICE ON SMALL CLAIM
Usual Rules About Whom to Serve for Corporate Defendant or Government Subdivision Don't Apply on Small Claim

VENUE IN GUARDIANSHIP CASE
Guardian ad Litem Can't Set Venue In Her Own County of Residence

         
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