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January, 2004
 

Overview of topics...

Lead Note:

ON CHAIN OF DISTRIBUTION OF MANUFACTURED ITEM IN STRICT LIABILITY REALM, EACH LOWER LINK HAS FULL INDEMNITY CLAIM AGAINST HIGHER LINK

General Practice Points:

  • When D Waits Until After P Has Summary Judgment Before Impleading X, X Is Not Bound by the Judgment
  • No Appeal to Appellate Division from Federal Bankruptcy Court
  • After Finding D Not Negligent and Being Discharged, Jury Can't Reassemble and, Claiming "Confusion", Change Its Mind
  • First Department Elaborates Grounds for Excusing D's Failure to Furnish Substance of Expert's Testimony
  • Statement from Defense Department's Website, Included in Application for Default, Suffices as Military Affidavit
  • Attorney's Allowing Others to Affix His Signature to Summons and Complaint Brings Dismissal with Prejudice
  • Is CPLR 305(b) Notice Barred from Demanding Specific Sum in Case in Which CPLR 3017(c) Would Bar It in Complaint?

Backlog Items:

  • Three-Day Return Time for Cross-Motion Is Misleading When Mail Used; the Five Days of CPLR 2103(b)(2) Must Be Added
  • Case on Trial Calendar Without Note of Issue Is Still Subject to CPLR 3216, Not CPLR 3404, for Laxness Dismissal
  • N.Y. Surrogate Can Appoint Administrator for Foreign Decedent to Defend Local Personal Injury Action

 ARTICLE HEADLINES


FEATURE ARTICLE:

ON CHAIN OF DISTRIBUTION OF MANUFACTURED ITEM IN STRICT LIABILITY REALM, EACH LOWER LINK HAS FULL INDEMNITY CLAIM AGAINST HIGHER LINK

General Practice Points:

BELATED IMPLEADER
When D Waits Until After P Has Summary Judgment Before Impleading X, X Is Not Bound by the Summary Judgment

BANKRUPTCY COURT APPEALS
No Appeal to Appellate Division from Federal Bankruptcy Court

JURY CHANGE OF MIND?
After Finding D Not Negligent and Being Discharged, Jury Can't Reassemble and, Claiming "Confusion", Change Its Mind

 

 


EXPERT DISCLOSURE
First Department Elaborates Grounds for Excusing D's
Failure to Furnish Substance of Expert's Testimony

MORE ON MILITARY AFFIDAVIT
Statement from Defense Department's Website, Included in Application for Default, Suffices

SIGNING OF PAPERS
Attorney's Allowing Others to Affix His Signature to Summons and Complaint Brings Dismissal with Prejudice

REVIEWING ARBITRATION AWARDS
Judge Holds City Court Can Only Enter Judgment on Arbitration Award, But Can't Vacate or Modify It

 

 
CPLR 305(b) vs. CPLR 3017(c)
Is CPLR 305(b) Notice Barred from Demanding Specific Sum in Case in Which CPLR 3017(c) Would Bar It in Complaint?

Backlog Items:

CROSS-MOTIONS
Three-Day Return Time for Cross-Motion Is Misleading When Mail Used; the Five Days of CPLR 2103(b)(2) Must Be Added

CPLR 3216 vs. 3404 DISMISSAL
Case on Trial Calendar Without Note of Issue Is Still Subject to CPLR 3216, Not CPLR 3404, for Laxness Dismissal

NONRESIDENT DECEDENTS
N.Y. Surrogate Can Appoint Administrator for Foreign Decedent to Defend Local Personal Injury Action

         
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