SPR - July 1998 Headlines & Topics


JULY 1998

Overview of topics...

Lead Note:

CAN COURT, HAVING DIRECTED ARBITRATION, "RETAIN" JURISDICTION TO ENTERTAIN LATER MOTION TO CONFIRM OR VACATE AWARD?

Tracking the New Laws:

Amendment of Rules Dispenses with "Detailed" Recitation of Injuries
How to Satisfy the "Signing" Requirement When Serving Multiple Papers

General Practice:

Can't Use Article 78 to Make Judge Sign Order to Show Cause
If Remittitur from Appellate Court Not Received, Further Steps Are Barred
How to Commence a Case Under the "Simplified Procedure" of CPLR 3031
Does D Get 65 Instead of 60 Days to Dismiss After Answering with Improper Service Defense?
Procedural Problems When Different Plaintiffs Join Their Claims Through One Lawyer

Backlog Items:

Spouses' Skirmish On Which of Two Actions Counts on Equitable Distribution Measure
Using Document to Refresh Recollection Waives Privilege
Contempt Before Referee, as Before Judge, Must Be Heard by Different Judge If Not "Summary"
Use of Jury When Law and Equity Claims Overlap
Interest on Punitive Damages Claim?
Venue Rules as Applied in Class Actions

Open Citations:

Castignoli (Issue 70:Page 1): 242 A.D.2d 357.
Marano (70/2-3): 241 A.D.2d 48, 670 N.Y.S.2d 570.

ARTICLE HEADLINES

FEATURE ARTICLE:
CAN COURT, HAVING DIRECTED ARBITRATION, "RETAIN" JURISDICTION TO ENTERTAIN LATER MOTION TO CONFIRM OR VACATE AWARD?

TRACKING THE NEW LAWS

EXCHANGING MEDICAL REPORTS:
Amendment of Rules Dispenses with "Detailed" Recitation of Injuries

THE SIGNING REQUIREMENT:
Court Has Advice About How to Satisfy the New Filing Requirement of Amended Rule 130-1

GENERAL PRACTICE

ARTICLE 78 AGAINST JUDGE?:
Judge Can't Be Compelled Through Article 78 Proceeding to Sign Order to Show Cause; Remedy Is CPLR 5704

PROCEEDINGS AFTER REMAND: IF REMITTITUR FROM APPELLATE COURT IS NOT RECEIVED, TRIAL COURT CAN'T TAKE FURTHER PROCEEDINGS

SIMPLIFIED PROCEDURE:
How to Commence Claim Using "Simplified Procedure for Court Determination of Disputes" (CPLR 3031-3037)

IMPROPER SERVICE DISMISSAL:
When D Moves to Dismiss Within 60 Days After Serving Answer with Defense of Improper Service, Does D Get Extra Five Days for the Motion?

CONSUMER CREDIT CLAIMS:
Incidental Problems -- Like Defaults and Enforcement -- When Different Plaintiffs Join Their Claims Through One Lawyer

BACKLOG ITEMS

EQUITABLE DISTRIBUTION SKIRMISH:
No Dismissal Even Though 11 Years Passed Before H Answered W's Complaint in Divorce Action

WAIVER OF PRIVILEGE:
Use of Otherwise Privileged Document to Refresh Recollection at Deposition Waives Privilege

REFEREE'S POWERS:
Contempt Rules for Judges Govern Referees as Well: If Referee Is Personally Involved, Other Judge Must Hear Issue

OVERLAP OF LAW AND EQUITY:
When Claims Overlap, Jury Impaneled of Right on Law Claim Should Be Treated as Advisory Jury on Equitable Claim

INTEREST ON PUNITIVE DAMAGES?:
Pre-Decision Interest Allowed on Treble Damages

CLASS ACTIONS:
Court Reviews Rules About Venue in Class Actions