SPR - November 2000 Headlines & Topics


NOVEMBER 2000

Overview of topics...

Lead Note:

NEW LAWS CONTROVERSIAL CHANGE IN VENUE REQUIREMENTS IN NEW CPLR 7502(a) POSES SIGNIFICANT ISSUES IN ARBITRATION CASES Part II

General Practice:

"Disfigurement" and "Permanent Total Disability" Standards for "Grave Injury" Not Met in 30-Foot Fall Case
Unless Summary Judgment Is Warranted on "Grave Injury" Issue, Court Holds Impleader of Employer Should Be Allowed to Stand
Setting Stage for Appeal of Informal Order Made at Preliminary Conference
Confession of Judgment Barred Because Not Filed When Affidavit Was
Confession Procedures Even More Rigid When Lawyer Seeks Judgment Against Client for Legal Fees
City Court Can't Allow Reduction of Demand So as to Fit Within Jurisdiction

Backlog Items:

Defendant Puts His Own Medical Condition Into Controversy with Overly Selective Memory
Forum Selection Clause OK to Apply Even in Cases Below $1 Million
Statement That Doesn't Even Indicate Kind of Accident Held Sufficient as CPLR 305(b) Notice
$63,000 Rent Judgment OK in Town Court, But Not $1 Million Due Under Acceleration Clause

Open Citations:

Osterhoudt (Issue 97:Page 3): 273 A.D.2d 673.

ARTICLE HEADLINES

FEATURE ARTICLE:
NEW LAWS CONTROVERSIAL CHANGE IN VENUE REQUIREMENTS IN NEW CPLR 7502(a) POSES SIGNIFICANT ISSUES IN ARBITRATION CASES Part II

GENERAL PRACTICE

"GRAVE INJURY" TEST:
Facial Scars Are Not Facial "Disfigurement" So As to Qualify as "Grave Injury" for Impleading Employer

MORE ON "GRAVE INJURY":
Unless Summary Judgment Is Warranted on "Grave Injury" Issue, Impleader of Employer Should Be Allowed to Stand

APPEALING PRELIMINARY CONFERENCE ORDER:
Preliminary Conference Order Held Not Appealable Because Not Made on Notice. Then What Procedure to Appeal?

CONFESSION OF JUDGMENT:
Can't Enter Confession of Judgment More Than Three Years After Affidavit Executed

CONFESSION OF JUDGMENT:
Confession of Judgment by Client in Favor of Attorney Vacated Because Requirements Not Punctiliously Followed

JURISDICTION OF LOWER COURTS:
City Court Can't Reduce Demand to Bring Case Within Its Monetary Jurisdiction

BACKLOG ITEMS

DEFENDANT'S CONDITION AT ISSUE?:
D With Overly Selective Memory Puts His Own Physical Condition In Issue and Must Produce His Medical Records

FORUM SELECTION CLAUSE:
Provisions Mandating Recognition of Forum Selection Clause in $1 Million+ Cases Do Not Bar Its Recognition in Smaller Cases

WHAT SATISFIES AS CPLR 305(b) NOTICE?:
"Negligence Causing Personal Injury and Loss of Spousal Services" Suffices as Adequate Notice to Accompany Summons

RENT IN SUMMARY PROCEEDINGS:
Summary Proceeding Court Can Give Unlimited Rent Judgment for Sums Currently Due, but Not Acceleration Sums