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MAY 1998
 
Overview of topics...

Lead Note:

SEEING 1991 AMENDMENT ON SERVING PARTNERSHIPS AS ADDING NOTHING TO P'S OPTIONS, COURT SAYS IT SHOULD BE DISREGARDED

General Practice:

 

  • Surrogate's Court Can't Entertain Wrongful Death Actions
  • Another "Feldman" Loan to Get into Third-Party Defendant's Pocket
  • Third Person Assessed Full Amount of $1 Million+ Judgment for Disobeying Enforcement Subpoena
  • Jury Trial of Damages Issue in Default Case?
  • Police Don't Get Article 16 Mitigation When Sued by Wife Injured by Unrestrained Husband
  • City Official Found in Contempt for Violating TRO
  • Does 5-Day Extension for Responding Apply to Paper Served by Fax?

Backlog Items:

 

  • Use Special Proceeding, Not Motion, for Leave to File Late Claim
  • Federal Voluntary "Dismissal" Equals New York "Discontinuance" for Limitations Purposes
  • Court-Ordered Service Okay in Summary Proceeding
  • Village Lawyers Sanctioned for Delaying Notice of Claim Objection
  • Plaintiff Getting $500,000 from Insurer Must Pay It All Back After Reversal on Appeal

 ARTICLE HEADLINES

FEATURE ARTICLE:
SEEING 1991 AMENDMENT ON SERVING PARTNERSHIPS AS ADDING NOTHING TO P'S OPTIONS, COURT SAYS IT SHOULD BE DISREGARDED

 GENERAL PRACTICE

SURROGATE'S COURT JURISDICTION:
Surrogate's Court Has No Jurisdiction to Hear Wrongful Death Claim

ANOTHER "FELDMAN" LOAN:
Loan Approved Whereby P Ends Up with Recovery Against 3d-Party Defendant Despite Main Defendant's Insolvency

ENFORCEMENT OF JUDGMENTS:
Third-Person's Failure to Cooperate in Judgment's Enforcement Results in Fine of Whole Amount of Judgment: $1,400,000


 
JURY TRIAL OF DAMAGES ISSUE?:
Defendant in Default for Failing to Depose Waives Trial by Jury of Damages Even If Plaintiff Does Not

ARTICLE 16 APPORTIONMENTS:
Police Failure to Protect Wife from Husband's Violence Is Conduct That Doesn't Get "Joint Liability" Adjustment

CONTEMPT BY CITY OFFICIAL:
City Official as Well as City Department Cited for Contempt for Disobeying TRO

DOES RESPONSE TIME GET THE FIVE-DAY ADD-ON WHEN PAPER TO BE RESPONDED TO WAS SERVED BY FAX?

 


 BACKLOG ITEMS

LEAVE TO FILE LATE CLAIM:
Special Proceeding, Not Motion, Should Be Used to Seek Leave to Serve Late Notice of Claim

VOLUNTARY "DISMISSAL" VERSUS "DISCONTINUANCE":
"Voluntary Dismissal" in Federal Court Is "Voluntary Discontinuance" in N.Y. and Gets No 6-Month Extension

SERVICE IN SUMMARY PROCEEDING:
Court-Ordered Service Is Allowed in Summary Proceeding

SANCTIONS ON GOVERNMENT ATTORNEYS:
Delay in Raising Notice of Claim Omission Until After Jury Picked Brings Waiver and Sanctions on Counsel

RESTITUTION OF $500,000 REQUIRED:
Plaintiff Getting $500,000 from Insurer Pending Appeal Must Pay It All Back When Appeal Succeeds

         
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