FEATURE ARTICLE:
THE MANY WAYS IN WHICH A PLAINTIFF PAYS FOR
FAILING TO JOIN, INADVERTENTLY OR INTENTIONALLY, ALL POSSIBLE TORTFEASORS
 TRACKING
THE NEW LAWS
"OMNIBUS" ACT ADDRESSED:
Clarification of Court of Appeals Statement
That Legislature Intended to "Repeal" Dole Case
CPLR 306-b NOT RETROACTIVE:
First Department Holds That New Statute Abolishing
Automatic "Deemed" Dismissal Is Not Retroactive
GENERAL
PRACTICE
EXPERT DISCLOSURE IN GENERAL:
Differences Between Departments Pointed Up
on Practice Involving Expert Disclosure
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EXPERT DISCLOSURE IN MED MAL CASE:
Even Report of Examining Physician Can Omit
Identifying Features If Physician Will Also Be Expert Witness
ARTICLE 16:
Defendant Who Would Preserve Article 16 Rights
Against Co-Defendant Must Respond to Summary Judgment Motion
SPOLIATION OF EVIDENCE:
D's Allowing Destruction of Physical Evidence
Brings Dismissal of Its Impleader Claim
BACKLOG
ITEMS
ORAL DEPOSITION OF EXPERT?:
Review of When Oral Deposition of Expert May
Be Allowed
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FRIVOLOUS LIABILITY DEFENSE:
Frivolity Sanction Imposed Against Defendant
for Insisting on Liability Trial With No Proof to Offer
PROPER PROCEDURE FOR SUING UNKNOWN PARTIES
AND AVOIDING STATUTE OF LIMITATIONS PROBLEMS; PLAINTIFF MUST ACT FAST
FEDERAL
PRACTICE
USING N.Y.'S SERVICE METHODS:
When N.Y. Substituted Service Is Used in Federal
Court, Only Method Is Adopted, Not Answering Time or Proof of Service
Items
FEDERAL SUBPOENA SERVICE:
State Methods Also Apply to Federal Subpoena,
So State Substituted Service Is Available for Subpoenas, Too
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