FEATURE ARTICLE:
HOW DOES ARTICLE 16 APPORTIONMENT WORK WHEN
THERE ARE BOTH INTENTIONAL AND UNINTENTIONAL TORTFEASORS IN THE CASE?
APPELLATE DIVISION SPLITS
TRACKING
THE NEW LAWS
AMENDMENT ON PRELIMINARY INJUNCTIONS:
Appellate Division Implements Amendment Retroactively:
"Sharp Dispute" on Facts Doesn't by Itself Bar Injunction
MALPRACTICE STATUTE OF LIMITATIONS:
New Statute Reducing Legal Malpractice Claim
to Three Years Held Not Retroactive, Sustaining Five-Year-Plus Claim
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THE WORKERS' COMPENSATION BILL:
More Conflicting Holdings on Retroactivity
of Omnibus Bill
THE
FILING SYSTEM
MISSED BY ONE DAY:
2d Department Joins Rigid View of "Deemed"
Dismissal: No Nunc Pro Tunc Filing of Proof of Service May Be Allowed
WHO COLLECTS THE FEE?:
Official's Taking Check Constitutes Commencement
Even If Other Office Processes the Papers
GENERAL
PRACTICE
REDACTING EXPERT'S NAME:
Party Seeking Summary Judgment Can't Rely on
Expert Data If Expert's Name Redacted
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UNINCORPORATED ASSOCIATIONS:
In Absence of President or Treasurer, Association
Can Sue Through Chief Executive Officer
BACKLOG
ITEMS
PHYSICAL AND MENTAL EXAMS:
Physical Exam Can Include Test Administered
by Psychologist Acting under Direction of Physician
FORGED
MEDICAL AUTHORIZATION:
Use of Possibly Forged Medical Authorization
Brings $1000 Sanction
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