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FEBRUARY 1995
 

Overview of topics...

Lead Note:

UNDER CPLR ARTICLE 16, ON JOINT VERSUS SEVERAL LIABILITY, IS THE DEFENDANT REQUIRED TO SERVE BILL OF PARTICULARS ON THE ISSUE OF OTHER TORTFEASORS' LIABILITY?

The Filing System:

  • Time for Commencing Second Special Proceeding After "Deemed Dismissal" of First
  • Reversed Sequence of Filing and Service Forfeits Right to Contest Arbitration
General Practice:
  • Whose Law Governs in Transferred Appeal?
  • Misuse of Attorney "Affirmation"
  • Frivolity Sanction OK Even on "Colorable" Claim
  • No Pretrial Discovery of Terms of Co-Defendants' Settlements
  • Measuring Limitations Toll for Infant's Claim of Damage in Utero
Backlog Items:
  • Appeal Time When Decision on Motion Is Oral
Open Citations:
  • Lortz (Issue 25/Page 3): 162 Misc.2d 539, 616 N.Y.S.2d 876.

 ARTICLE HEADLINES

FEATURE ARTICLE:
UNDER CPLR ARTICLE 16, ON JOINT VERSUS SEVERAL LIABILITY, IS THE DEFENDANT REQUIRED TO SERVE BILL OF PARTICULARS ON THE ISSUE OF OTHER TORTFEASORS' LIABILITY?


 THE FILING SYSTEM

SPECIAL PROCEEDING REQUIREMENTS:
15 Days for Second Proceeding Run from Automatic "Deemed Dismissal" of First One, Not from Entry of Order

MORE ON SPECIAL PROCEEDINGS:
Service-Then-Filing Sequence Is Improper, and Using It Forfeits Right to Contest Arbitration

 
 
GENERAL PRACTICE

TRANSFERRED APPEALS:
What Law Should Appellate Division Apply in Transferred Case: Its Own, or the Transferor's?

ATTORNEY'S AFFIRMATION:
Misuse of "Affirmation" of Attorney Can Be Cured Merely by Making Appropriate Affidavit

FRIVOLITY SANCTIONS:
If Harassment Motive Found, Sanction Can Be Imposed Even If Claim Brought Is Colorable

 
SETTLEMENT TACTICS:
Defendant Not Entitled to Disclosure of Plaintiffs' Settlement with Co-Defendants

MEASURING INFANT'S TOLL:
Limitations Toll for Infant's Medical Malpractice Claim Runs from MD's Misreading of Slides, Not from Infant's Birth


 BACKLOG ITEMS

ORAL DECISIONS:
Judge's Short-Form Cover Sheet That Refers to Oral Decision Is Sufficient Order to Start Appeal Time Running

         
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