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July, 2008
 

Overview of topics...

LEAD NOTE :

  • THE DIFFERENCES BETWEEN "CONSOLIDATION" AND "JOINT TRIAL"
    AND THE RISKS OF OVERLOOKING THE
    Summary Judgment Motion in Second Action Found Untimely Because Merger Subjected It to Time Elements of First Action

SPECIAL NOTE:

  • What Remedy If Foreign Country Maintenance Award Is Flouted by D's Conduct with Respect to Assets Located in New York?  (p.3)

GENERAL PRACTICE:

  • Not Every "Default" Qualifies for the Vacatur Motion of CPLR 5015(a)(1); If There Was Full Contest, Appeal Is Proper Route
  • First Department Holds Lawyer Entitled to Quantum Meruit Fee Recovery Even Without Letter of Engagement
  • Once Referee to Determine Decides Issue, Motion to Reargue Must Be Made to That Referee and Not Even Referring Judge May Entertain It
  • Case Holds That If Workers' Comp Report Furnishes All Data That Notice of Claim Requires, It Supports Late Filing of Notice
  • P's Counsel Has No Right to Participate in D's Private Interview with P's Treating Physician in Personal Injury Case

BACKLOG ITEMS:

  • Because Witness's Unsigned Deposition May Be Used as If Signed, Failure to Sign Is Not Punishable as Disclosure Misconduct
  • False Notarization Brings Liability to Notary, and Notary Can't Get Reduction for Complainant's Share of Fault
  • Absence of Certification of Authority of Outside Notary Does Not Bar Consideration of Document
  • Reference to Report Not Ordered by Court Can Be Validated Nunc Pro Tunc Without Parties' Consent

 


 ARTICLE HEADLINES


Feature Article:

THE DIFFERENCES BETWEEN "CONSOLIDATION" AND "JOINT TRIAL" AND THE RISKS OF OVERLOOKING THEM
Summary Judgment Motion in Second Action Found Untimely Because Merger Subjected It to Time Elements of First Action

General Practice:

UNDOING DEFAULT
Not Every "Default" Qualifies for the Vacatur Motion of CPLR 5015(a)(1); If There Was Full Contest, Appeal Is Proper Route

LETTER OF ENGAGEMENT RULE
First Department Holds Lawyer Entitled to Quantum Meruit Fee Recovery Even Without Letter of Engagement

MOTIONS TO REARGUE
Once Referee to Determine Decides Issue, Motion to Reargue Must Be Made to That Referee and Not Even Referring Judge May Entertain It


 


NOTICE OF CLAIM
Case Holds That If Workers' Comp Report Furnishes All Data That Notice of Claim Requires, It Supports Late Filing of Notice

EX PARTE MD INTERVIEW
P's Counsel Has No Right to Participate in D's Private Interview with P's Treating Physician in Personal Injury Case

arrow bullet Special Note:

FOREIGN SUPPORT AWARDS
What Remedy If Foreign Country Maintenance Award Is Flouted by D's Conduct with Respect to Assets Located in New York?

Backlog Items bulleted arrow Backlog Items:

EXECUTING DEPOSITIONS
Because Witness's Unsigned Deposition May Be Used as If Signed, Failure to Sign Is Not Punishable as Disclosure Misconduct

 

 

NOTARY'S LIABILITY
False Notarization Brings Liability to Notary, and Notary Can't Get Reduction for Complainant's Share of Fault

EXTRASTATE CERTIFICATIONS
Absence of Certification of Authority of Outside Notary Does Not Bar Consideration of Document

REFERENCE TO REPORT
Reference to Report Not Ordered by Court Can Be Validated Nunc Pro Tunc Without Parties' Consent

 

         
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