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February, 2004
 

Overview of topics...

Lead Note:

IS FAILURE TO PAY FILING FEE DEFECT OF SUBJECT MATTER OR PERSONAL JURISDICTION? PLAINTIFF WITH BOUNCED CHECK FINDS OUT

General Practice Points:

  • Default Judgment Taken Against Driver Does Not Bind Owner
  • Failure to Furnish Expert Data Is Not Basis for Dismissal, Just Preclusion
  • "In Limine" Ruling Barring Additional $300,000 Sought Through Amended Notice of Claim Is Appealable
  • Party Remiss in Seeking Disclosure Can't Plead Need of It to Oppose Adversary's Motion for Summary Judgment
  • While Defective Filing Can Be Waived by Defendant, Non-Filing Goes to Subject Matter Jurisdiction and Can't Be
  • What to Do When Routine Transfer Down to Lower Court Occurs While Motion to Change Venue in Supreme Court Action Is Pending
  • Notwithstanding Oppressively Prolix Complaint, D Can't Plead Counterclaim for Sanctions; It's Not Distinct Claim
  • Does P's Amendment of Complaint After D Moves to Dismiss It Abate the Motion?

Backlog Items:

  • Where Car Is Co-Owned by Judgment Debtor and Wife, Wife
    Must Be Heard on Claim That Car Is Really Hers
  • Time Extension Okay Not Just Where Service Not Made, But Also Where Made Defectively
  • Court Takes Practical Approach to Requirement That P Plead Fraud Allegations in Detail

 ARTICLE HEADLINES


FEATURE ARTICLE:

IS FAILURE TO PAY FILING FEE DEFECT OF SUBJECT MATTER OR PERSONAL JURISDICTION? PLAINTIFF WITH BOUNCED CHECK FINDS OUT

General Practice Points:

ESTOPPEL IN OWNER/DRIVER CASES
Default Judgment Taken Against Driver Does Not Bind Owner

EXPERT DISCLOSURE
Failure to Furnish Expert Data Is Not Basis for Dismissal, Just Preclusion

"IN LIMINE" RULINGS
"In Limine" Ruling Barring Additional $300,000 Sought Through Amended Notice of Claim Is Appealable

 

 


DISCLOSURE FOR SUMMARY JUDGMENT USE
Party Remiss in Seeking Disclosure Can't Plead Need of It to Oppose Adversary's Motion for Summary Judgment

NON-FILING v. DEFECTIVE FILING
While Defective Filing Can Be Waived by Defendant, Non-Filing Goes to Subject Matter Jurisdiction and Can't Be

CPLR 325(d) TRANSFER PROBLEMS
What to Do When Routine Transfer Down to Lower Court Occurs While Motion to Change Venue in Supreme Court Action Is Pending

SANCTIONS APPLICATIONS
Notwithstanding Oppressively Prolix Complaint, D Can't Plead Counterclaim for Sanctions; It's Not Distinct Claim

 

 
AMENDMENT AS ABATING MOTION
Does P's Amendment of Complaint After D Moves to Dismiss It Abate the Motion?

Backlog Items:

LEVYING AGAINST CO-OWNED CHATTEL
Where Car Is Co-Owned by Judgment Debtor and Wife, Wife Must Be Heard on Claim That Car Is Really Hers

EXTENDING TIME FOR SERVICE
Time Extension Okay Not Just Where Service Not Made, But Also Where Made Defectively

PLEADING FRAUD
Court Takes Practical Approach to Requirement That P Plead Fraud Allegations in Detail

         
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