SPR - August 2000 Headlines & Topics


AUGUST 2000

Overview of topics...

Lead Note:

IS NEW FILING FEE REQUIRED WHEN LOWER COURT JUDGMENT SEEKS ENFORCEMENT IN SUPREME OR COUNTY COURT?

Tracking the New Laws:

90 Days Remain Available for No-Fault Claims as Stay of Court Decision Is Denied
Rule About New Proof on Renewal Motion Gets Tighter

General Practice:

Limitations' Dismissal of Arbitration Claims Supports Res Judicata Defense Just as If Merits Had Been Tried
Civil Court Judgment on Merits After TransferGets Overturned Because No Transfer Should Have Been Made
Under "Continuous Representation" Rule, Firm's Efforts Get Imputed to Departed Lawyer and Preserve Legal Malpractice Claim
Court Allows Default Judgment Against Driver When Car Owner's Insurer Refuses Defense
Presence of Doorman Bars Affix-and-Mail Method of Service
Applicability of CPLR 3404 (Automatic Dismissal of Abandoned Cases) in Lower Courts

Backlog Items:

Court-Ordered Service Allowable on Unknown Defendant?
Does Mediator's Letter Suffice as Settlement Stipulation?

Open Citations

Ulster (Issue 94:page 2): 183 Misc.2d 893, 705 N.Y.S.2d 880 (Rensselaer County).
Incanno (95:2): 269 A.D.2d 497.

ARTICLE HEADLINES

FEATURE ARTICLE:
IS NEW FILING FEE REQUIRED WHEN LOWER COURT JUDGMENT SEEKS ENFORCEMENT IN SUPREME OR COUNTY COURT?

TRACKING THE NEW LAWS

TIME FOR NO-FAULT APPLICATION:
Regulation Purporting to Limit Time for No-Fault Application Remains Inoperative During Appeal Process

CHANGE IN RENEWAL MOTIONS:
No Longer May Renewal Motion Be Entertained Without Showing Excuse for Omitting Facts Earlier

GENERAL PRACTICE

STATUTE OF LIMITATIONS:
Limitations' Dismissal of Arbitration Claims Supports Res Judicata Defense Just as If Merits Had Been Tried

LAWYER'S MALPRACTICE:
Lawyer Who Left Firm Years Earlier Still on Hook for Malpractice If Firm Is

DEFAULT BY INSURER?:
Court Allows Default Judgment Against Driver When Insurer, Defending Owner, Refuses Defense for Driver

CPLR 325(d) TRANSFERS: JUDGMENT ON MERITS RENDERED IN CIVIL COURT AFTER TRANSFER DOWN BY SUPREME COURT NOW GETS REVERSED BECAUSE APPELLATE TERM DECIDES THAT SUPREME COURT SHOULDN'T HAVE TRANSFERRED IT

SERVING DOORMAN:
If Doorman Bars Access, Process Should Be Left Near Doorman With Statement of Purpose; Can't Resort to Affix-and-Mail

DISMISSAL OF ABANDONED CASES:
Civil Court Rule, Equivalent of CPLR 3404, Doesn't Provide for Automatic Dismissal of Stricken Cases

BACKLOG ITEMS:

SERVICE ON UNKNOWN DEFENDANT:
Court Ordered Service Under CPLR 308(5) Okay on Unknown Defendant

SETTLEMENT STIPULATIONS:
Mere Letter from Mediator Indicating Settlement Doesn't Suffice as Stipulation