SPR - March 1999 Headlines & Topics


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