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NOVEMBER 1999
 
Overview of topics...

Lead Note:

THREE CHEERS FOR THE MEDDLESOME CLERK: INTRUSIVE ACTS CAN SAVE THE PLAINTIFF'S CASE AT COMMENCEMENT TIME--Part 1

Tracking the New Laws:

 

  • Can Reargument Motion Be Made to Trial Court While Appeal Pends?
  • Time for Bringing Improper Service Objection to Judgment Doesn't Start Over with Amended Answer

General Practice:

 

  • More Henry Fallout: Infancy Toll Applies Because No Parents on Scene to Hire Lawyer
  • Conflict on Whether 75-Cent Page Limit Applies When Defendants Seek Medical Records
  • Carrier That Impedes P from Identifying Shipper of Hazardous Substance Faces Liability Itself
  • Analogy to "APIP" Cases: Can Health Insurer That Can't Intervene In Insured's Action Bring Own Suit and Then Consolidate?

Backlog Items:

 

  • Hospital Narrowly Avoids Hefty Sheriff's Poundage by Delaying Payment of Settlement
  • No Request to Withdraw Deposition Subpoena Need Be Made Before Moving to Quash It

Open Citations:

 

  • Miranda (Issue 87:Page 3): 260 A.D.2d 451.

 ARTICLE HEADLINES

FEATURE ARTICLE:
THREE CHEERS FOR THE MEDDLESOME CLERK: INTRUSIVE ACTS CAN SAVE THE PLAINTIFF'S CASE AT COMMENCEMENT TIME--Part 1

 TRACKING THE NEW LAWS

TIME TO MOVE TO REARGUE:
Court Offers Tacit Indication That Motion to Reargue Continues to Be Timely If Made While Appeal Is Pending

PRESERVING JURISDICTIONAL OBJECTION:
60-Day Period in Which to Bring Improper Service Defense to Judgment Doesn't Start Over When Amended Answer Is Served

 
 GENERAL PRACTICE

MORE HENRY FALLOUT:
Another Second Department Court Distinguishes Henry Case, Allowing Infant's Toll When Only Aunt Cares for Infant

HOSPITAL AND MEDICAL RECORDS:
Departmental Conflict on How Much Health Care Provider Can Charge Per Page for Furnishing Patient's Record

LIABILITY FOR SPOLIATION OF EVIDENCE UPS:
Is Liable for Conduct That Prevents Injured Employee from Identifying Shipper of Hazardous Material



 
BY ANALOGY TO "APIP" CASES, CAN HEALTH INSURER, BARRED FROM INTERVENING IN INSURED'S ACTION, BRING ITS OWN SUBROGATION ACTION AND GET THE TWO CONSOLIDATED?

SETTLEMENT IN APIP SITUATIONS

 BACKLOG ITEMS

CLOSE SHAVE ON POUNDAGE:
Hospital Narrowly Avoids Some $90,000 in Sheriff's Poundage by Delaying Payment of Settlement

SUBPOENA PRACTICE:
Request to Withdraw Subpoena Before Moving to Quash Is Required Only for Non-Judicial Subpoena

         
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