SPR - January 2000 Headlines & Topics


JANUARY 2000

Overview of topics...

Lead Note:

PROVING "GRAVE INJURY" IN TORT CASE SO AS TO SUSTAIN IMPLEADER OF EMPLOYER: WHOSE BURDEN, PLAINTIFF'S OR DEFENDANT'S? WHOSE DECISION, COURT'S OR JURY'S?--Part 1

New Laws:

"Electronic Signature" Project Gets Started
What Form to Follow for the Various Acknowledgments Required by the CPLR

General Practice:

Party Against Whom Default Threat for Nondisclosure Is Ineffective Can Face Contempt
Trial Court in First Department Applies "Deviates Materially" Standard in Reviewing Verdict
No Recognition for Foreign Country Judgment Rendered During Chaotic Political Times
Should P Automatically Notify Own InsurerThat Other Side's Coverage Is Inadequate?

Backlog Items:

No-Pet Clause Enforcible in Supreme Court, Not Restricted to Summary Proceeding in Lower Court
D Has No Obligation to Furnish P Copies of Records D Secures from Treating Physician

ARTICLE HEADLINES

FEATURE ARTICLE:
PROVING "GRAVE INJURY" IN TORT CASE SO AS TO SUSTAIN IMPLEADER OF EMPLOYER: WHOSE BURDEN, PLAINTIFF'S OR DEFENDANT'S? WHOSE DECISION, COURT'S OR JURY'S?--Part 1

NEW LAWS

ELECTRONIC SIGNATURES:
State "Office for Technology" Gets Electronic Signatures Project Under Way

FORM OF ACKNOWLEDGMENT:
What Form to Follow for the Various Acknowledgments Required by the CPLR

GENERAL PRACTICE

NONDISCLOSURE PUNISHMENT:
Party Against Whom Default Threat for Nondisclosure Is Inadequate Can Be Held in Contempt

REMITTITUR STANDARD:
Trial Court in First Department Also Follows "Deviates Materially" Standard, Not "Shocks the Conscience"

FOREIGN JUDGMENT DENIED RECOGNITION:
Finding Its Judicial Procedures Tainted During Chaotic Political Times, Court Denies Recognition to Liberian Judgment

UNDERINSURED MOTORIST COVERAGE:
Should Tort Plaintiff Notify Own Carrier That Other Side's Coverage Is Inadequate Whether It Is or Not?

BACKLOG ITEMS

ENFORCING NO-PETS CLAUSE:
While Lower Court Is Preferred for Summary Proceeding, Equity Action Is Okay to Enforce No-Pet Clause in Supreme Court

CPLR 3101(a) VERSUS 3121(a):
D Has No Obligation to Furnish P Copies of Medical Records D Secures from P's Treating Physician