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JULY 2000
 
Overview of topics...

Lead Note:

THE "NON-DELEGABLE" DUTY EXCEPTION UNDER CPLR ARTICLE 16: DOES IT OR DOESN'T IT INSULATE MUNICIPALITIES FROM JOINT LIABILITY?

General Practice:

 

  • Can CPLR 10003, Governing Retroactivity of Original 1963 CPLR, Be Used for Amendments Lacking Their Own Retroactivity Instructions?
  • Can Lower Court Entertain Money Claim In Excess of Jurisdiction If Excess Results from Installments Coming Due During Action?
  • What Remedy for Filing Plaintiff If Clerk's Office Is Closed on Ordinary Business Day?
  • Defendant That Resists Disclosure About Defective Condition May Be Held to Concede It Had Notice
  • Consolidating Small Claim with Regular Claim?

Backlog Items:

 

  • Conflict About Whether Affidavits Can Be Used on CPLR 3211(a)(7) Motion to Dismiss
  • "Vaughn" Hearing Is Needed to Determine Penalty for Discarding Relevant Evidence ("Spoliation")
  • Lawyer Sued for Letting Client's Tort Claim Lapse Can't Seek Contribution from the Tortfeasor

 ARTICLE HEADLINES

FEATURE ARTICLE:
THE "NON-DELEGABLE" DUTY EXCEPTION UNDER CPLR ARTICLE 16: DOES IT OR DOESN'T IT INSULATE MUNICIPALITIES FROM JOINT LIABILITY?

 GENERAL PRACTICE

SCOPE OF CPLR'S RETROACTIVTY PROVISION CPLR's:
General Retroactivity Statute, CPLR 10003, Applies Only to Original 1963 CPLR Enactment, Not Subsequent Amendments

HAS LOWER COURT POWER TO ENTERTAIN MONEY CLAIM IN EXCESS OF ITS ORIGINAL JURISDICTION IF THE EXCESS IS CAUSED BY INSTALLMENTS COMING DUE DURING ACTION?

 
WAIT-TILL-THE-LAST DAY CLUB:
Clerk's Closing Because of Power Shortage on Last Day of Statute of Limitations Extends Plaintiff's Time to Next Day

CONSOLIDATING SMALL CLAIM?:
Consolidation of Regular Claim with Small Claim Permissible If Party Seeking It Stipulates to Special Procedures

DEFENDANT THAT FAILS TO DISCLOSE WHETHER IT HAD NOTICE OF DEFECTIVE CONDITION GETS NOTICE ISSUE RESOLVED AGAINST IT

 
 BACKLOG ITEMS

MOTION TO DISMISS:
Contradictions About Whether Affidavits Can Be Used on CPLR 3211(a)(7) Motion

"SPOLIATION" OF EVIDENCE:
"Vaughn" Hearing Is Needed to Determine What to Do When Spoliation of Evidence Is Claimed

LEGAL MALPRACTICE:
When Client Sues Lawyer for Legal Malpractice for Letting Tort Claim Against T Lapse, L Can't Implead T for Contribution

         
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