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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
         
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