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July, 2004
 

Overview of topics...

Lead Note:

IS INNOCENT BUT ABSOLUTELY LIABLE PARTY, SEEKING INDEMNITY FROM TORTFEASORS AFTER PAYING PLAINTIFF EVERYTHING, SUBJECT TO TORTFEASORS' ARTICLE 16 LIMITS?

General Practice :

  • Can Court Treat Appeal from Order -- Now Barred Because Judgment Entered -- as Premature Appeal from Judgment?
  • P's Deposing Own Treating Physician Is Not "Discovery" and Hence Okay Filing Note of Issue Filed
  • Attorney Suing for Fees Can Amend Complaint to Allege That Dispute Falls Beyond Scope of Rule 137
  • Motion to Reargue No Longer Deemed Timely Merely Because Appeal Is Pending
  • Consolidation Okay of Cases in Which State Is Party
  • Sanction Against Plaintiff for Continuing Action in Which Summary Judgment For Defendant Was Warranted But Was Denied for Lateness?

Special Note:

  • Demand for Complaint Before Service Has Been Made Can't Put 20-Day Limit on P's Time to Serve Complaint

Backlog Items :

  • Civil Court Can Allow Amendment to Increase to $25,000 an $18,000 Demand Made in Case Transferred from Supreme Court
  • How Do Percentage Shares of Plaintiff P and Driver D Figure When P Now Sues Dram Shop for Same Injury?
  • For Pre-Judgment Relief, No Need to Show D Disposing of Assets, and Pendency of Motion to Vacate Verdict Is No Bar

 


 ARTICLE HEADLINES


FEATURE ARTICLE:

IS INNOCENT BUT ABSOLUTELY LIABLE PARTY, SEEKING INDEMNITY FROM TORTFEASORS AFTER PAYING PLAINTIFF EVERYTHING SUBJECT TO TORTFEASORS' ARTICLE 16 LIMITS?

General Practice:

EFFECT OF PREMATURE APPEAL
Can Court Treat Appeal from Order -- Now Barred Because Judgment Entered -- as Premature Appeal from Judgment?

DEPOSING PHYSICIANS
P's Deposing Own Treating Physician Is Not "Discovery" and Hence Okay After Note of Issue Filed

ACTION FOR ATTORNEYS' FEES
Attorney Suing for Fees Can Amend Complaint to Allege That Dispute Falls Beyond Scope of Rule 137

 

 


TIME TO MOVE TO REARGUE
Motion to Reargue No Longer Deemed Timely Merely Because Appeal Is Pending

STATE AS PARTY TO ACTIONS
Consolidation Okay of Cases in Which State Is Party

TIME LIMIT ON SUMMARY JUDGMENT
Sanction Against Plaintiff for Continuing Action in Which Summary Judgment For Defendant Was Warranted, But Was Denied for Lateness?

Special Note:

DEMAND FOR COMPLAINT BEFORE SERVICE HAS BEEN MADE CAN'T PUT 20-DAY LIMIT ON P'S TIME TO SERVE COMPLAINT

 

 


Backlog Items:

ARTICLE 14 AND COLLATERAL ESTOPPEL
How Do Percentage Shares of Plaintiff P and Driver D Figure When P Now Sues Dram Shop for Same Injury?

TRANSFERRED-DOWN CASES
Civil Court Can Allow Amendment to Increase to $25,000 an $18,000 Demand Made in Case Transferred from Supreme Court

PRE-JUDGMENT ENFORCEMENT RELIEF
For Pre-Judgment Relief, No Need to Show D Disposing of Assets, and Pendency of Motion to Vacate Verdict Is No Bar

 

         
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