Search the Issue Highlights:  

Search Tips

Issue Index About SPR Subscriptions The Author  
 

 

 
     

APRIL 1999
 
Overview of topics...

Lead Note:

PINPOINTING THE MOMENT OF REMOVAL FROM FEDERAL TO STATE COURT: WHAT HAPPENS TO ORAL INJUNCTION THAT STATE COURT ISSUED?

Tracking the New Laws:

 

  • Allowing Late Summary Judgment Motion by Defendant After Co-Defendant Has So Moved
  • What Must Be Shown to Justify Court-Invented Service Under CPLR 308(5) or 311(b)?
  • Is Such Service Okay Upon Mere Showing That Service Would Otherwise Have to Be Made in Foreign Country?

General Practice:

 

  • Police Do Get Article 16 Mitigation When Sued by Wife Injured by Unrestrained Husband
  • Defaulting Defendant Can't Use Disclosure Devices in Contesting Damages
  • No Lis Pendens May Be Used in L and T Dispute in Which T Seeks Only Money
  • Another Case in 3d Dep't, This One with Opinion, Refuses to Follow Henry Case on Infancy Toll
  • Article 16 Is Wholly Inapplicable to FELA Claims
  • A Neat Twist: P Makes Tape of D and Issue Is Whether D Is Entitled to Copy

Backlog Items:

 

  • P's Treating Psychiatrist Can Be Deposed by D on Facts P Furnished, But Not for Expert Opinion
  • $2000 Sanction Against Union's Lawyers for Balking at Arbitration
  • Compulsory Arbitration of Attorneys' Fees in Domestic Relations Disputes Is Upheld

Federal and State Practice:

 

  • Charging Lawyers Instead of Clients for Dilatory Conduct

Open Citations:

 

  • Brown II (Issue 80:Page 2): 250 A.D.2d 314.
  • Lopez (75:4): 178 Misc.2d 719, 680 N.Y.S.2d 402 (7/27/1998).
  • Rosado (74:2): 251 A.D.2d 258.
  • Sage (74:2): 251 A.D.2d 35.
  • Sipos (74:3): 177 Misc.2d 840, 676 N.Y.S.2d 916.

 ARTICLE HEADLINES


FEATURE ARTICLE:
PINPOINTING THE MOMENT OF REMOVAL FROM FEDERAL TO STATE COURT: WHAT HAPPENS TO ORAL INJUNCTION THAT STATE COURT ISSUED?

TRACKING THE NEW LAWS TIME LIMIT ON SUMMARY JUDGMENT:
If P Sues A and B, and A Moves for Summary Judgment, Can B Now So Move Even If the Time Limit Has Expired?

COURT-ORDERED SERVICE:
Order for Court-Devised Service Requires Detailed Showing of Inability to Serve by Other Methods

COURT-ORDERED SERVICE:
Does Mere Fact That Service Would Otherwise Have to Be Made on Defendant in Foreign County Justify Court-Ordered Domestic Service?


 


 
GENERAL PRACTICE

Police Officers and County Sued for Not Protecting W from Violent Husband Can Plead His Culpability in Mitigation

CONTESTING DAMAGES AFTER DEFAULT:
Defaulting Defendant Has No Right to Use Disclosure Devices in Contesting Damages

LIS PENDENS:
No Lis Pendens in Action by Tenant Against Landlord Under Lease When Only Money Sought

MORE FALLOUT FROM HENRY CASE:
Case in 3d Department Elaborates Reasons for Refusing to Follow Henry and Deny Infancy Toll Based on Lawyer's Presence

ARTICLE 16 AND FELA:
No Joint Liability Adjustment on FELA Claim

 
SURVEILLANCE TAPES:
Videotapes of Med Mal Plaintiff Asking Defendant Questions at Seminar Are Disclosable

 BACKLOG ITEMS

DEPOSING EXPERTS:
P's Treating Psychiatrist Can Be Deposed on Subject of P's Account of the Accident

SANCTIONS AGAINST UNION LAWYERS:
Lawyers for Union Assessed $2000 Punitive Sanction for Meritless Conduct in Fee Dispute

ATTORNEYS' FEES:
Failure to Provide for Trial de Novo Doesn't Invalidate Fee Arbitration Requirement in Domestic Relations Cases

FEDERAL AND STATE PRACTICE ON PENALIZING LAWYERS INSTEAD OF CLIENTS FOR DILATORY PRACTICES

         
  ©1993 David D. Siegel  All rights reserved.   |   Web design & hosting by Azurelink.   |  Site Comments?