Overview of topics...

NOTE: Two important new laws are treated in this issue, both of which went into effect quickly and are in effect now. One, L.2007, c.185, is the subject of the lead note; it amends CPLR 2214 and 2215 with new and detailed instructions on the timing of cross motions. The second, L.2007, c.70, amends the settlement statute, General Obligations Law § 15-108, to make permissible a settlement that bypasses the statute.
Another law, c.125, amends several statutes to overrule the Mendon Ponds case (see Siegel, New York Practice 4th Ed. § 63). That one doesn't go into effect until January 1, 2008, so we can treat it in a future issue.

LEAD NOTE :

• NEW LAWS -- Detailed New Instructions on the Timing of Cross-Motions -- and They Apply to Pending as Well as New Actions

ANOTHER NEW LAW (ALREADY IN EFFECT):

• Amendment of Settlement Statute, Gen.Oblig.L. § 15-108, Alters Impact of Settlement with Fewer Than All Tortfeasors

GENERAL PRACTICE:

• Six Months for New Action Start at Termination of Prior Action, Not Date of Service of Dismissal Judgment, and Service, Too, Must Be Made Within the Six Months
• Substantial Compliance Sufficient to Allow Late Notice of Claim Filing under GML 50-e Doesn't Apply to Separate Provision Governing Port Authority
• Foreign Corporation Insurer, Not Required to Designate Principal Office in New York, Can Sue in Any County in Which It Has An Office

BACKLOG ITEMS:

• When Summary Judgment Is Granted on Liability, Trial Mode for Damages Must Be Same As It Would Have Been on Liability
• Failure to Notify Attorney General of Constitutional Issue Waives It
• Civil Contempt Okay for Violating TRO, But Not Criminal Contempt Because D Not Notified It Was Sought