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FEATURE ARTICLE:
IS THERE ANY WAY AROUND THE COURT OF APPEALS BRILL CASE, WHICH
FORCES TO TRIAL AN ACTION RIPE FOR SUMMARY JUDGMENT BUT NOT MOVED FOR ON TIME?
 General
Practice:
DEPOSITION TAKING
Requirement That Oath-Giving Officer Be at Side of Witness Can Be Waived
POST-TRIAL MOTIONS
Rule That Only Trial Judge Can Hear Post-Trial Motion Is
Not Absolute; Sometimes Different Judge Can Act
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DEATH OF PLAINTIFF
Court Reviews Proof Needed to Vacate Dismissal Made After
Plaintiff Dies and Timely Substitution Is Not Made
CPLR 325(d) TRANSFERS
Defendant Who Fails to Move for Transfer Back of Case Sent
to Lower Court That Lacks Personal Jurisdiction Waives Objection
FURNISHING MEDICAL REPORTS
When D Has Had Exam Made of P, Rule Requires That Exam Report
Be Given to P; D Can't Evade Rule by Having MD Make No Written Report
Special
Note:
SOME POINTERS ABOUT HOW TO SECURE AND KEEP PRIORITY
IN DEBTOR'S PROPERTY WHEN COMPETING WITH OTHER CREDITORS
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Backlog
Items:
STIPULATIONS OF SETTLEMENT
Settlement Not Entered as Judgment Until
10 Years Later Is Okay; Not Barred by Statute of Limitations
NOTICE OF CLAIM
No Notice of Claim Needed When Relief Sought from Municipality
Is Equitable, and Money Damages Are Sought Only Incidentally
"CONSPICUOUS" SERVICE
"Traverse" Held Mandatory When
Tenant Finds Process Left on Door But Says She Was Inside and Could
Have Been Personally Served
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