SPR - April 1998 Headlines & Topics


APRIL 1998

Overview of topics...

Lead Note:

THE "VOUCHING-IN" NOTICE, THE COMMON LAW PREDECESSOR OF IMPLEADER, GETS SOME RARE ATTENTION FROM THE COURTS

Tracking the New Laws:

Failure to Sign Summons Held Curable
Government Units Don't Get the Lower Interest Rates They Hoped For
No New Fee Needed When Completed Notice of Petition Goes Into File Opened by Blank One

General Practice:

Can't Redact Expert's Name on Motion for Summary Judgment
Adults Serving Alcohol to Tortfeasor/Minor Do Get Article 16 Protections
Extrastate Service for Information Subpoenas?
If P Frivolously Retains Meritless Main Claim, D Can't Be Sanctioned for Retaining Cross-Claim

Backlog Items:

Casualness in Notifying Insurance Carrier of Malpractice Claim Forfeits All Coverage
No 5-Day Add-On for Responding to Mailed Papers in Administrative Proceedings
Subpoena Served on Corporate Party Requires It to Produce Its Out-of-State Employees at Trial
P's Failure to Seek Disclosure Lets D Blame Unnamed 3d Party and Reduce D's Own Liability

Open Citations:

Kearns (Issue 57:Page 3): 238 A.D.2d 121.
Rook (67:4): 239 A.D.2d 926.

ARTICLE HEADLINES

FEATURE ARTICLE:
THE "VOUCHING-IN" NOTICE, THE COMMON LAW PREDECESSOR OF IMPLEADER, GETS SOME RARE ATTENTION FROM THE COURTS

TRACKING THE NEW LAWS

FAILURE TO SIGN:
Failure to Sign Summons Also Held Non-Jurisdictional

GOVERNMENTAL INTEREST RATES:
Several Courts Find 9% Interest Rate Appropriate to Apply in Injury and Condemnation Cases Even Under Rodriguez Case

CONTINUING "FILING" PROBLEM:
Requirement That Papers Served Match Papers Filed Poses Continuing Problem in Special Proceedings

GENERAL PRACTICE

REDACTING EXPERT'S NAME:
Party Seeking Summary Judgment Can't Rely on Expert Data If Expert's Name Redacted

ADULTS' LIABILITY FOR ALCOHOL INJURIES:
Adults Furnishing Alcohol to Minor Who Causes Injury Do Get Article 16 Protections Against Joint Liability

SUBPOENA SERVICE:
No Service of Information Subpoena on Judgment Debtor Outside State

SANCTIONS IN TORT CASES:
While P Gets Sanctioned for Maintaining Meritless Claims Against A and B, A Can't Be Sanctioned for Retaining "Standard" Cross-Claim Against B

BACKLOG ITEMS

DISCLAIMING MALPRACTICE COVERAGE:
Casualness in Notifying Malpractice Carrier Results in Complete Forfeiture of Coverage

FIVE-DAY ADD-ON PROVISION:
The Five-Day Add-On Period for Responding to Mailed Paper Doesn't Apply in Administrative Proceedings

COMPELLING APPEARANCE BY EMPLOYEE:
Service of Subpoena on Corporate Party Requires It to Produce Out-of-State Employee/Witness at Trial

BLAMING OTHER TORTFEASORS:
P's Failure to Inquire Whether D Plans to Blame Others Enables D to Inject at Trial the Fault of Previously Unnamed Person