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FEBRUARY 2001
 

Overview of topics...

Lead Note:

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:

  • Family Court, Reviewing CPLR Application, Decides to Bypass Technical Summary Judgment Rule
  • Default by Driver Establishes Fault of Appearing Owner, Leaving Only Damages to Try
  • Jury Must Decide Whether Insurer Is Liable for Exposing Insured to Large Excess by Failing to Settle
  • Denying Default Judgment Based on Affidavit of Service, Court Reviews Affix-and-Mail Service
  • Court Doubles Sanction for D's Repeating Frivolous Motion After Repeating Frivolous Motion After Etc.
  • Who Are Professionals Subject to 3- Rather Than 6-Year Statute?

Backlog Items:

  • Unknown Assailant's Fault Can't Be Pleaded by City in Attempt to Avoid Joint Liability
  • Failure to Fulfill Disclosure Supplementation Requirement Voids Plaintiff's Verdict

 ARTICLE HEADLINES

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

 

 


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.

 

 

 
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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