SPR - September 2002 Headlines & Topics


September 2002

Overview of topics...

Lead Note:

AMENDMENT OF CPLR 4518(a) ALLOWS COMPUTER BUSINESS RECORDS TO BE INTRODUCED INTO EVIDENCE IN PAPER OR OTHER TANGIBLE FORM

General Practice:

Appellate Division Reminder That Judgment N.O.V Is Better Than Directed Verdict, So As to Generate Jury Verdict for Appellate Reinstatement
Divided Appellate Division Estops D from Pleading Statute of Limitations Because D Delayed Furnishing Records to P
In Law Firm's Fee Action Against Client, Client's Inclusion of Malpractice Counterclaim Only in Amended, Not Original, Answer, Denies Client Use of "Relation Back" Doctrine
Case Can't Be Kept Alive by Delaying Entry of "Judgment" When Earlier "Order" of Dismissal Was Itself Final
P Is Required to Give D Copy of P's Wedding Tapes as Reflecting on Claimed Injuries
Service in Summary Proceeding That Would Confer Personal Jurisdiction in Action Does Not Necessarily Afford Basis for Rent Judgment
P Can't Use Mere Affidavits at Inquest in Tort Case; Despite Default on Liability, D Is Entitled to Cross-Examine on Damages

Backlog Items:

Court Allows Undisclosed Expert to Testify When Disclosed Expert Doesn't Show
Foreign Country Arbitration Award for $23 Million Gets Enforced in New York Only to the Extent of Five Cents

ARTICLE HEADLINES

FEATURE ARTICLE:
AMENDMENT OF CPLR 4518(a) ALLOWS COMPUTER BUSINESS RECORDS TO BE INTRODUCED INTO EVIDENCE IN PAPER OR OTHER TANGIBLE FORM

GENERAL PRACTICE

DIRECTED VERDICT VERSUS JUDGMENT N.O.V.:
Appellate Division Reminder That Judgment N.O.V Is Better Than Directed Verdict, So As to Generate Jury Verdict for Appellate Reinstatement

ESTOPPEL TO PLEAD STATUTE OF LIMITATIONS:
Divided Appellate Division Estops D from Pleading Statute of Limitations Because D Delayed Furnishing Records to P

LEGAL MALPRACTICE:
In Law Firm's Fee Action Against Client, Client's Inclusion of Malpractice Counterclaim Only in Amended, Not Original, Answer, Denies Client Use of "Relation Back" Doctrine

TIME TO APPEAL:
Case Can't Be Kept Alive by Delaying Entry of "Judgment" When Earlier "Order" of Dismissal Was Itself Final

SURVEILLANCE TAPES IN REVERSE?:
P Required to Surrender Wedding Tapes to D

JURISDICTION FOR RENT JUDGMENT:
Service in Summary Proceeding That Would Confer Personal Jurisdiction in Action Does Not Necessarily Afford Basis for Rent Judgment

PROOF AT INQUEST:
P Can't Use Mere Affidavits at Inquest in Tort Case; Despite Default on Liability, D Is Entitled to Cross-Examine on Damages

BACKLOG ITEMS

EXPERT DISCLOSURE:
Court Allows Undisclosed Expert to Testify When Disclosed Expert Doesn't Show

FOREIGN ARBITRAL AWARDS:
Foreign Country Arbitration Award for $23 Million Gets Enforced in New York Only to the Extent of Five Cents