CPLR Amendments and Developments

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About This Course

This program discusses several recent statutory and caselaw developments in the following areas:

1) the availability of the six-month extension under CPLR 205(a) following termination of an action;
2) the statute of limitations for actions based on fraud;
3) the three-year statute of limitations for nonmedical malpractice claims;
4) personal jurisdiction based on activity over the Internet and longarm jurisdiction;
5) problems with commencement of an action relating to both filing and service;
6) important changes in the lower court acts pertaining to commencement of the action;
7) commencing actions with a summons and notice under CPLR 305(b);
8) recent cases addressing the grave injury requirement in Workers Compensation Law § 11;
9) recent caselaw addressing motions for reargument and renewal;
10) various issues arising in disclosure, including disclosure from a nonparty, expert disclosure, disclosure of videotapes, objections to questions at depositions, the signing of a deposition, the use of a deposition and the physical and mental examination of a party;
11) recent caselaw addressing notices to admit;
12) recent caselaw addressing penalties for refusal to comply with disclosure, including caselaw on spoliation of evidence;
13) the timing of summary judgment motions, including the discussion of several recent decisions from the Court of Appeals;
14) caselaw discussing opposing motions for summary judgment based the need for disclosure;
15) caselaw addressing dismissals for want of prosecution under CPLR 3216;
16) recent amendments to the CPLR 4016 addressing the specific reference to damages in opening and closing statements;
17) interest on claims, verdicts and judgments;
18) recent caselaw on statutory amendments pertaining to the notice of pendency and CPLR Article 65.

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