FEATURE ARTICLE:
STATUTE THAT BARS SERVICE OF SUBPOENA
OUTSIDE STATE DOESN'T BAR USE OF SUBSTITUTED METHODS INSIDE STATE
-- AND CPLR 308(5) (COURT-INVENTED SERVICE) MAY BE USED
GENERAL
PRACTICE
CPLR IN FAMILY COURT:
On Summary Judgment Motion in Custody Case,
Whole Record of Earlier Proceedings May Be Considered by Court
"BAD FAITH" CLAIMS:
Whether Insurer Unreasonably Failed
to Settle Claim Within Policy Limit, Exposing Insured to Large Excess,
Is for Jury
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DRIVER'S DEFAULT BINDS OWNER:
Default by Driver Establishes Fault Even
Against Appearing Owner, Leaving Only Damages to Determine
AFFIX AND MAIL SERVICE:
Denying Default Judgment Based
on Affidavit of Service Itself, Court Warns About Carelessness in
Making CPLR 308(4) Service
SANCTIONS:
Court Doubles Sanction, to $20,000,
for Repeating Frivolous Motion After Repeating Frivolous Motion
After Repeating Etc.
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CONFLICT ON WHO'S A PROFESSIONAL:
Six Becomes Less Than Three in the Strange
Math Generated by an Alleged Malpractice Claim Against an Insurance
Broker
BACKLOG
ITEMS
ARTICLE 16 "JOINT" LIABILITY:
Inability to Get Jurisdiction of Assailant
Bars City from Pleading His Share of Fault to Diminish Its Own
REQUIREMENT TO SUPPLEMENT DISCLOSURE:
Admitting Logbook That P Did Not Disclose
Before Trial Voids P's Verdict and Requires New Trial
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