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SEPTEMBER 1998
 
Overview of topics...

Lead Note:

INSURER'S INTERPLEADER OF LIABILITY POLICY RESULTS IN PRO RATION OF PROCEEDS TO COVER EVEN UNADJUDICATED CLAIMS

New Laws:

 

  • Amendment Seeks More Orderly Response To Demand for Document Discovery
  • Statements Made During Settlement Talks Made Inadmissible at Trial
  • Legislature Clarifies Powers of City Marshals in Enforcing Supreme Court Judgments

Tracking the New Laws:

 

  • App Div Discusses When Late Summary Judgment Motion Should Be Allowed
  • D Gets the Extra Time for Own Motion to Dismiss for Improper Service After Mailing Answer

General Practice:

 

  • Appellant Can't Back Undertaking on Appeal with Her Own Realty Even If Equity Suffices
  • In Court of Claims, Ordinary Mail Service Suffices for Motion to File Late Claim
  • Court Addresses Attempt to "Park" Expert So Other Side Can't Call Him
  • Conflict of Whether Municipality's Appeal from Order Setting Trial Date Gets Automatic Stay

Backlog Items:

 

  • Error to Let Jury Take Part of Charge into Jury Room
  • Pleading Hurtful Matter Not Necessary to State Claim Helps Support Frivolity Sanction

Open Citations:

 

  • Greenhaus (Issue 73:Page 2): 242 A.D.2d 383.
  • Fry (73:2): 176 Misc.2d 275, 671 N.Y.S.2d 633.
  • Pay (70:2): 176 Misc.2d 540, 672 N.Y.S.2d 987.
  • Palumbo (69:3-4): 175 Misc.2d 156, 668 N.Y.S.2d 433.

 ARTICLE HEADLINES

FEATURE ARTICLE:
INSURER'S INTERPLEADER OF LIABILITY POLICY RESULTS IN PRO RATION OF PROCEEDS TO COVER EVEN UNADJUDICATED CLAIMS

 NEW LAWS

RESPONDING TO DOCUMENT DISCOVERY:
Recent Amendment Requires More Orderly Response to Discovery Demand

SETTLEMENT TALKS:
Statements Made During Settlement Talks Are Made Inadmissible at Trial as to Both Liability and Damages

ENFORCING SUPREME COURT JUDGMENTS:
Ambiguous Statute Allowing City Marshals to Enforce Supreme Court Judgments Is Clarified

 
 TRACKING THE NEW LAWS

TIME LIMIT ON SUMMARY JUDGMENT:
Court Discusses Elements to Be Considered in Determining Whether to Allow Late Motion for Summary Judgment

IMPROPER SERVICE DISMISSAL:
Does D Get Extra Time for D's Own Motion to Dismiss After Mailing Answer with Defense of Improper Service?

 GENERAL PRACTICE

UNDERTAKINGS AND BONDS:
Party Can't Be Her Own Surety on Appeal from Judgment, Even by Pledging Her Adequate Realty as Security

COURT OF CLAIMS PRACTICE:
Late Filing Can Be Extended Up to Six Years in Court of Claims

 
TRYING TO "PARK" EXPERTS:
Court Discusses How to Determine Whether a Party Tried to "Park" or "Shelve" Experts

STAY ON APPEAL:
Conflict on Whether Appeal from Order Granting New Trial Against Municipality Stays Further Proceedings

 BACKLOG ITEMS

CHARGE TO JURY:
Error to Let Jury Take Part of Charge into Jury Room

SANCTIONS FOR FRIVOLOUS CLAIM:
Inclusion of Hurtful Allegations Beyond What's Needed to Plead Claim Helps Establish Basis for Frivolity Sanction

         
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