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OCTOBER 1999
 
Overview of topics...

Lead Note:

GIANT STEPS TAKEN FOR ELECTRONIC FILING OF PAPERS IN COURT

New Laws:

 

  • Governor Vetoes Bill Affecting Procedure for Confirming Arbitration Award
  • Service on Certain Entities in Court of Claims Clarified

General Practice:

 

  • Is Order Made on Judge's Own Motion Appealable?How?
  • Another Res Judicata Family Member: "Estoppel Against Inconsistent Positions"
  • Liability Among Lawyers in "P.C." Is Not Shared, and This Also Has Limitations' Advantages
  • Who Determines Whether Case Passes "Serious Injury" Threshold for Fault Suit?
  • Parent Company Stringing Plaintiff Along Ends Up with Substantive Liability for Subsidiary

Backlog Items:

 

  • The "Mesmerizing" 8 x 5 Index Card Practice in the Civil Court in Kings
  • May Injured Person Test Disclaimer Made by Insurer Against Insured on Personal Injury Claim?
  • Much Belated Statute of Limitations Defense Allowed Merely by Making D Pay P's Costs

Open Citations:

 

  • Abitol (Issue 84:Page 1): 180 Misc.2d 949, 691 N.Y.S.2d 753.
  • National (84:1): 257 A.D.2d 228, 690 N.Y.S.2d 57.
  • Rosario (87:3): 258 A.D.2d 265.

 ARTICLE HEADLINES

FEATURE ARTICLES:
GIANT STEPS TAKEN FOR ELECTRONIC FILING OF PAPERS IN COURT

 NEW LAWS

PROCEEDINGS ON ARBITRATION AWARDS:
Governor Vetoes Amendment That Would Have Allowed Mere Motion Captioned in Earlier Proceeding to Confirm Later Award

COURT OF CLAIMS:
Amendment Clarifies That When Suing Certain Entities in Court of Claims, They as Well as AG Must Be Served

 GENERAL PRACTICE

APPEAL FROM "SUA SPONTE" ORDER:
Does Order Made on Judge's Own Motion Require Leave to Appeal? Is It Appealable at All?

 
ANOTHER MEMBER OF RES JUDICATA CLA:
"Estoppel Against Inconsistent Positions": Taking Different Posture on Appeal Than Taken Below

ADVANTAGE OF "P.C." FORM "P.C.":
Lawyers Are Not Deemed "United in Interest" for Purposes of Relation Back Under Statute of Limitations

NO-FAULT FINDINGS:
Failure to Elicit Special No-Fault Finding from Jury Is Harmless If Verdict Clearly Indicates "Serious Injury"

SUBSTANTIVE LIABILITY BY ESTOPPEL:
Because of Misleading Statements in Correspondence and in Its Answer, Parent Company Is Held Liable for Subsidiary Via Estoppel

 
 BACKLOG ITEMS

THE "MESMERIZING" KOUNTY OF KINGS:
Notation on 8" x 5" Index Card Used in Civil, Kings, to Conduct Business Doesn't Satisfy as Settlement Writing

TESTING DISCLAIMERS:
Conflict on Whether Injured Person Can Bring Declaratory Action to Determine Validity of Disclaimer

STATUTE OF LIMITATIONS DEFENSE:
Amendment Allowed to Assert Statute of Limitations Defense Though Delayed Two Years

         
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