SPR - March 1998 Headlines & Topics


MARCH 1998

Overview of topics...

Lead Note:

CONFLICT ON WHETHER MEDICAL INSURER CAN INTERVENE IN INSURED'S ACTION TO HELP ASSURE RECOVERY OF ITS OWN EXPENDITURES

Tracking the New Laws:

Appellate Papers Also Need Signing
Failure to Sign Not Jurisdictional
App Div Addresses Summary Judgment Time Limit in Pending Cases

Backlog Items:

No Appeal from Evidentiary Ruling Even if Made Before Trial
Generous Alternatives for Serving Partnerships
When May Liability Be Separately Appealed in a Bifurcated Trial?

General Practice:

Attempt to Use Unexecuted Deposition on Motion
Figuring Interest Against Governmental Units under Rodriguez case

ARTICLE HEADLINES

FEATURE ARTICLE:
CONFLICT ON WHETHER MEDICAL INSURER CAN INTERVENE IN INSURED'S ACTION TO HELP ASSURE RECOVERY OF ITS OWN EXPENDITURES

TRACKING THE NEW LAWS

SIGNING APPELLATE PAPERS:
In Special Notice, Court of Appeals Reminds Bar That Papers Used During Appellate Process Also Require Signing

FAILURE TO SIGN:
Early Case Holds Failure to Sign in Pending Action Is Curable, Not Jurisdictional

SUMMARY JUDGMENT TIME LIMIT:
Appellate Division Applies Summary Judgment Time Limit in Pending Cases, But Measured from 1/1/97 Effective Date of Amendment

BACKLOG ITEMS

APPEALING A "RULING":
No Appeal from Evidentiary Ruling, Even If Made Before Trial

SERVING A PARTNERSHIP:
Because 1991 Amendment of CPLR 310 Expands Service Options on Partnerships, CPLR 308 Also Remains Available

BIFURCATED TRIALS:
Court Denies Interlocutory Judgment (and Hence Appeal) in Punitive Damages Case

GENERAL PRACTICE

USING UNEXECUTED DEPOSITIONS?:
Failing to Follow Execution Requirements for Deposition Transcripts Bars Their Use Even on Motions

THE PROBLEM OF THE INTEREST RATE APPLICABLE AGAINST GOVERNMENT ENTITIES UNDER THE RODRIGUEZ CASE