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MARCH 1999
 

Overview of topics...

Lead Note:

HEALTH INSURER HAS NO CLAIM AGAINST PLAINTIFF'S LAWYER FOR NOT SEEING TO IT THAT TORT SETTLEMENT APPORTIONS SOMETHING TO MEDICAL COSTS

General Practice:

  • No Statute of Limitations at All on Student Loan Collection
  • Case in Third Department Also Refuses to Follow Henry Case on Infancy Toll
  • Restrictions on Service in Lower Court Actions; Possible Ways Around It
  • Does Collateral Source Reduction Precede or Follow Reduction for Plaintiff's Comparative Fault?

Backlog Items:

  • Appealability of Telephone Directives -Is Steno Entitled to Fee from Party to Whom Court Gives Transcript?
  • What Use To D-2 Is D-1's Interrogatory Answer After D-1 Settles Out?

Open Citations:

  • Crawford (Issue 73:Page 4): 250 A.D.2d 722.
  • Berry (76:1): 250 A.D.2d 63, 678 N.Y.S.2d 674.
  • Boles (77:2): 178 Misc.2d 864, 680 N.Y.S.2d 808.
  • Fleming (79:4): 178 Misc.2d 723.

 ARTICLE HEADLINES

FEATURE ARTICLE:
HEALTH INSURER HAS NO CLAIM AGAINST PLAINTIFF'S LAWYER FOR NOT SEEING TO IT THAT TORT SETTLEMENT APPORTIONS SOMETHING TO MEDICAL COSTS

 GENERAL PRACTICE

NO STATUTE OF LIMITATIONS AT ALL:
Court Applies Federal Law Voiding All Time Limits on Actions by Guarantors of Student Loans

MORE FALLOUT FROM HENRY CASE:
Case in Third Department Also Refuses to Dismiss Infant's Claim on Henry Basis

 
TERRITORIAL LIMITS ON SERVICE:
Service in City Court Actions Is Strictly Limited to Home County or Adjoining County; Service on Secretary of State in Albany Is Therefore Precluded

COLLATERAL SOURCE DEDUCTIONS: DO THEY PRECEDE OR FOLLOW APPLICATION OF COMPARATIVE FAULT PERCENTAGES? IT MAKES A BIG DIFFERENCE

 BACKLOG ITEMS

APPEALABILITY OF TELEPHONE DIRECTIVE:
Order That Merely "Memorializes" Court's Telephone Directive Is Not Appealable

 
STENOGRAPHERS' FEES:
Party Wanting Transcript from Court Must Pay Steno Although Court Got It Free

USE OF INTERROGATORIES:
Answer to Interrogatory Can Be Used Against Answerer as Admission, But Otherwise It's Just Hearsay
         
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