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May 2001 |
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| Overview
of topics...
Lead Note:
UNDER WORKERS' COMPENSATION REFORM ACT,
LOSS OF THUMB IS HELD TO MEAN LOSS OF USE OF HAND, SUPPORTING
IMPLEADER OF EMPLOYER
General Practice:
- In Malpractice Suit Against Lawyer
for Lapsed Claim, Client Gets Only What Successful Judgment
Could Have Collected
- Using Special Proceeding Instead
of Motion to Confirm Arbitration Award Not Fatal
- What to Do When Statute Calls
for Commencement by Service Instead of Filing?
- P's Destruction of Tapes Relevant
to P's ClaimAgainst Its Former Lawyers Brings Dismissal
- If D Is Entitled to Summary Judgment
Anyway, Spoliation of Evidence Is Irrelevant
- Requirements for CPLR Undertakings
Don't Apply to Undertakings Exacted by Other Statutes
- P's Law Firm That Falsified TRO
Escapes Sanction When D Doesn't Oppose Appeal
Backlog Items:
- Failure to Submit Certificate
of Merit in Med Mal Case Can Ultimately Bring Dismissal
- Even If Calendar from Which Case
Stricken Is Mere "Damages" Calendar, CPLR 3404 Restoration
Rule Applies to It
- Late Extension of Lis Pendens
Is OK, But Gap Occurs in Which Others' Rights Can Intervene
Open Citations:
- Faragiano (96:2): Reversed. See
New York State Law Digest No. 496.
- Rangolan (97:1): Second Circuit
certification responded to by New York Court of Appeals.
See New York State Law Digest No. 496.
- Hafkin (Issue 103:1): 279 A.D.2d
86, 718 N.Y.S.2d 379.
- LL (104:2): 186 Misc.2d 642, 719
N.Y.S.2d 823 (Dec. 12, 2000).
- Elrac (105:3): 186 Misc.2d 830,
720 N.Y.S.2d 912 (Jan. 24, 2001).
- Vincent (108:1): 199 FRD 96.
- Forum (108:3): 199 FRD 22.
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ARTICLE HEADLINES |
FEATURE ARTICLE:
UNDER WORKERS' COMPENSATION REFORM ACT, LOSS
OF THUMB IS HELD TO MEAN LOSS OF USE OF HAND, SUPPORTING IMPLEADER
OF EMPLOYER
GENERAL PRACTICE
LEGAL MALPRACTICE:
In Malpractice Suit Against Lawyer Who Let
Claim Lapse, Client Can Get Only What Successful Judgment Could Have
Collected
CONFIRMING ARBITRATION AWARD:
Using Separate Special Proceeding to Confirm
Award, Instead of Making Motion in Pending Action (as Required), Is
Harmless Error
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FILING VERSUS SERVICE:
Some Statutes Still Create Confusion by Calling
for Service Instead of Filing to Commence Proceeding; What to Do?
SPOLIATION OF EVIDENCE:
P's Deliberate Destruction of Tapes Relevant
to P's Malprac-tice Claim Against Its Attorneys Brings Dismissal of
P's Case
SPOLIATION OF EVIDENCE:
If D Is Entitled to Summary Judgment Anyway,
Spoliation of Evidence Doesn't Prejudice P and Is Irrelevant
DIFFERENCES BETWEEN "UNDERTAKINGS":
Court Distinguishes Requirements of Undertakings
Required by CPLR and Other Statutes
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SANCTIONS:
P's Law Firm That Falsified TRO Escapes Sanction
When D Doesn't Oppose Appeal
BACKLOG ITEMS
CERTIFICATE IN MED MAL CASE:
Failure to Submit MD Certificate of Merit in
Med Mal Case Can Ultimately Bring Dismissal
RESTORATION AFTER CALENDAR STRIKING:
Even If Calendar from Which Case Stricken Is
Just "Damages" Calendar, CPLR 3404 Restoration Rule Applies to It
LIS PENDENS FILINGS:
Filing Late Extension of Lis Pendens Is Okay,
But Plaintiff Risks Gap
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