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 2 (concluded)
 GENERAL
PRACTICE
DISMISSAL FOR DISCOVERY FAILURE:
App Div Disapproves Oral Dismissal of Case
Even Though Plaintiff Was Concededly Lax in Responding to Discovery
Requirements
SANCTION ON INSURER:
Holding Liability Insurer to be "Party", Court
Imposes Frivolity Sanction Directly on Insurer
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STRIKING FROM CALENDAR:
Abandonment After Case Stricken from Calendar
and Not Restored in Year Applies Also to Pre-Note of Issue Calendars
COURTROOM "TESTIMONY" BY AFFIDAVIT?:
Court Allows Direct Testimony of Nonexpert
Witnesses by Mere Affidavit, But Subject to Witness's Cross-Examination
in Court
WHO'S A PROFESSIONAL?:
Insurance Brokers Are Not Professionals and
Can't Plead 3-Year Statute of Limitations as Defense When Contract
Is on Scene
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BACKLOG
ITEMS
NO AFFIDAVITS ALLOWED:
On Motion to Dismiss Under CPLR 3211(a)(7),
Court Can't Even Consider Defendant's Affidavits
SUPPLEMENT VERSUS AMENDMENT:
Can't Use "Supplemental" Bill of Particulars
to Belatedly Inject Overdue Expert Data
NEW
LAWS
DISPUTE OVER VALIDITY OF INSURANCE REGULATION
REDUCING TIME FOR NO-FAULT APPLICATION FROM 90 TO 30 DAYS
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