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JUNE 2000
 
Overview of topics...

Lead Note:

SUPREME COURT REJECTS INSURANCE REGULATION THAT PURPORTED TO REDUCE TIME FOR NO-FAULT APPLICATION FROM 90 TO 30 DAYS

Tracking the New Laws:

 

  • "Non-Delegable Duty" Exception Denies Municipality Benefit of Article 16 Reduction of Liability
  • Loss of Sight in One Eye Held Not "Grave Injury" to Support Contribution Claim Against Employer

General Practice:

 

  • Insurance Brokers Can Plead Three-Year Malpractice Period City Estopped from Pleading Notice of Claim Objection After 10-Year Cutoff for Infancy Toll Passes
  • Can Foreign Secretary of State Be Served for Unlicensed Corporate Defendant?
  • Health Insurer's Subrogation Action to Recover Its Insured's Medical Expenses Is Dismissed as "Premature"

Backlog Items:

 

  • "Good Cause" Doesn't Suffice to Excuse Defendant's Late Dismissal Motion
  • Can Civil Court Judge Affect Supreme Court Orders After CPLR 325(d) Transfer Down?
  • Enforcement Officer Seizing Property on Execution Without Notifying Debtor Is Liable for Damages

Open Citations:

 

  • Harris (Issue 92:pages 1-2): 183 Misc.2d 431, 703 N.Y.S.2d 703.

 ARTICLE HEADLINES

FEATURE ARTICLE:
SUPREME COURT REJECTS INSURANCE REGULATION THAT PURPORTED TO REDUCE TIME FOR NO-FAULT APPLICATION FROM 90 TO 30 DAYS

 TRACKING THE NEW LAWS

"NON-DELEGABLE DUTY":
App Div Confirms That Municipal Fault for Something That Amounts to "Non-Delegable" Duty Means Municipality Can't Have Article 16 Reduction

WHAT IS "GRAVE INJURY":
Loss of Sight in One Eye Is Not "Grave Injury" Such as to Allow Defendant to Implead Plaintiff's Employer

 
 GENERAL PRACTICE

WHO'S A PROFESSIONAL?:
Insurance Brokers Are Professionals and Can Rely on 3-Year Statute of Limitations

GML 50-e NOTICE OF CLAIM:
Saving Notice of Claim Objection Until 10-Year Cutoff for Infancy Toll Has Passed Works Estoppel Against City

SERVING FOREIGN SECRETARY OF STATE:
Court Discusses Whether Foreign Corporation Can Be Served Via Foreign Secretary of State's Office

SUBROGATION ACTION BROUGHT BY HEALTH INSURER FOR MEDICAL PAYMENTS MADE TO INSURED IS DISMISSED AS "PREMATURE"

 
 BACKLOG ITEMS

"UNDUE HARDSHIP" VERSUS "GOOD CAUSE":
Defendant Trying to Excuse Late Motion to Dismiss for Improper Service Can't Avoid Required "Undue Hardship" Showing by Relying on CPLR 2004

WHICH JUDGE TO MOVE BEFORE:
In CPLR 325(d) Transferred Case, Civil Court Judge Can Vacate Order Supreme Court Rendered on Default

LIABILITY OF ENFORCEMENT OFFICER:
City Marshal Is Personally Liable to Judgment Debtor for Seizing Car Without "Forthwith" Serving Notice on Debtor

         
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