SPR - June 2001 Headlines & Topics


June 2001

Overview of topics...

Lead Note:

IN EXTENSIVE OPINION, SECOND DEPARTMENT ISSUES EXPLICIT INSTRUCTIONS FOR APPLYING -- AND DISTINGUISHING -- THE LAXNESS DISMISSAL PROVISIONS: CPLR 3216, 3404, AND RULE 202.27

General Practice:

Serving Notice of Claim on N.Y.C. Health and Hospitals Corp: Who's the Proper Servee?
Court Prescribes How Defendants Should Raise the Collateral Source Payments Issue
Interest in Personal Injury Case Runs from Time Answer "Stricken", Even Though Damages Trial Delayed Years
No Suppression of Deposition Transcript When Mere Corrections Can Right Its Defects
Use of Incompetent Proof to Defeat Summary Judgment Motion?

Backlog Items:

Okay to Convert Art.78 to Art.75 Proceeding to Review Arbitral Award, But Can't Stretch Time
Conflict Continues on Whether P Must Depose Before Being Entitled to D's Surveillance Tapes

Open Citations:

Leader (Issue 103:Page 1): 276 A.D.2d 194, 718 N.Y.S.2d 374.
McMahon (105:1): 279 A.D.2d 346.
Golden (105:3): 199 FRD 98.

ARTICLE HEADLINES

FEATURE ARTICLE:
IN EXTENSIVE OPINION, SECOND DEPARTMENT ISSUES EXPLICIT INSTRUCTIONS FOR APPLYING -- AND DISTINGUISHING -- THE LAXNESS DISMISSAL PROVISIONS: CPLR 3216, 3404, AND RULE 202.27

GENERAL PRACTICE

NOTICE OF CLAIM:
Service on N.Y.C. Health and Hospitals Corp. by Delivery to Corporation Counsel Held Okay Despite Law Directing Service on HHC Official

INTEREST BETWEEN DECISION AND JUDGMENT:
Where Answer in Tort Case "Stricken", But Damages Not Assessed Until Years Later, Interest Is Due for Interim Period

COLLATERAL SOURCE PAYMENTS:
At What Point During or After Trial Is the Defendant Supposed to Raise the Issue of Collateral Source Payments?

CORRECTING VERSUS SUPPRESSING DEPOSITIONS:
While Suppression of Deposition Transcript Is Permissible, It's Not to Be Used When Mere Corrections Can Offset Defects

USE OF INCOMPETENT PROOF?:
Incompetent Proof, Sometimes Okay to Defeat Summary Judgment, Won't Do If It's Clear There's No Other Proof in Point

BACKLOG ITEMS

CONFUSING ART 75 WITH ART 78 PROCEEDING:
Okay to Convert Article 78 Proceeding into Article 75 Proceeding to Attack Arbitration Award, but Can't Extend Time

SURVEILLANCE TAPES:
Conflict Continues on Whether P Must Depose Before Being Entitled to D's Surveillance Tapes