Siegel's Practice Review - March 2012 Headlines & Topics


March, 2012

Overview of topics...

LEAD NOTE:

In Major Treatment, Appellate Division Adopts Federal Zubulake Decision and Places Initial Expense of Retrieving Electronically Stored Information (ESI) on Responder

GENERAL PRACTICE:

Expansion of E-Filing Into More Courts
Plaintiff's Refusal to Enter State to Depose in His Own Action Because He Feared Arrest for His Contempt in Another Action Is Nice Try, But Doesn't Work; Big Forfeiture Is Result
In Detailed Treatment of CPLR 5222-a Procedures for Protecting Exempt Funds in Account, Federal Court Holds Depositor/Debtor Has No Private Claim Against Bank
Amendment of Pleading Denied for Violation of Recent Law Requiring That It Be Accompanied by Statement of Proposed Changes
Submission of "Affirmation" When "Affidavit" Is Required May Be Corrected Without Consequence, and Affidavit Substituted

BACKLOG ITEMS:

If Description of Site of Accident Is Inaccurate in Filed Claim, State in Court of Claims Action Is Entitled to Dismissal Without Proving Prejudice
Jud.L. § 470 Is Found Unconstitutional in Requiring Nonresident Attorney to Maintain New York Office

ARTICLE HEADLINES

Feature Article

WHICH PARTY IS TO PAY THE COST OF RETRIEVING "ELECTRONICALLY STORED INFORMATION" (ESI)?
Another Major Treatment by First Department Appellate Division, Again Adopting Federal Zubulake Decision and Placing Initial Burden on Responder

General Practice Points:

PROGRESS OF E-FILING
Expansion of E-Filing Into More Courts

FAILURE TO DEPOSE
Plaintiff's Refusal to Enter State to Depose in His Own Action Because He Feared Arrest for His Contempt in Another Action Is Nice Try But Brings Only Forfeiture

PROTECTING EXEMPT DEPOSITS
In Detailed Treatment of CPLR 5222-a Procedures for Protecting Exempt Funds in Account, Federal Court Holds Depositor/Debtor Has No Private Claim Against Bank

AMENDED PLEADING FAILURE
Amendment Denied for Violation of Recent Law Requiring That It Be Accompanied by Statement of Proposed Changes

AFFIRMATION VERSUS AFFIDAVIT
Submission of "Affirmation" When "Affidavit" Is Required May Be Corrected Without Consequence, and Affidavit Substituted

General Practice Points:

COURT OF CLAIMS PRACTICE
If Description of Site of Accident Is Inaccurate in Filed Claim, State in Court of Claims Action Is Entitled to Dismissal Without Proving Prejudice

PRACTICE OF LAW
Jud.L. § 470 Is Found Unconstitutional in Requiring Nonresident Attorney to Maintain New York Office