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December, 2004
 

Overview of topics...

Lead Note:

WHAT QUALIFIES AS "DEFENSE" THAT WILL BE WAIVED IF NOT AFFIRMATIVELY PLEADED?

New Laws:

  • Statute of Limitations in Fraud Cases Is Clarified
  • Recently Given Authority to Cite Specific Monetary Figures in Opening to Jury Is Withdrawn

Special Notes:

  • May Subrogated Health Insurer Intervene in Insured's Tort Action?

General Practice:

  • "Personal Injury Action for Damages" Suffices as Notice That Commences Action Under CPLR 305(b)
  • In Interesting Twist, P Is Allowed to Introduce Surveillance Tape Taken by D Because It Corroborates P's Claimed Injury

Backlog Items:

  • If One Defendant Partner Dies During Action, It Can Be Continued Against the Other
  • Once Judgment for Money Is Rendered, and Paid, P Can't Now Seek Replevin as Remedy
  • Foreign Company's Agreement to Local Arbitration Subjects It to Information Subpoena About Its Assets After Award Confirmed
  • What Is Obligation of Contract Debtor After Joint Debtor Pays the Judgment?


 ARTICLE HEADLINES


FEATURE ARTICLE:

WHAT QUALIFIES AS "DEFENSE" THAT WILL BE WAIVED IF NOT AFFIRMATIVELY PLEADED?

New Laws:

CLARIFICATION IN FRAUD CASES
Legislature Clarifies Statute of Limitations in Fraud Cases

MENTION OF MONETARY AMOUNT
Legislature Bars Mentioning Specific Monetary Figures in Opening to Jury

 

 


Special Note:

MAY SUBROGATED HEALTH INSURER INTERVENE IN INSURED'S TORT ACTION?
Justices in Fourth Department Divide on the Issue

General Practice:

COMMENCEMENT WITH MERE NOTICE
"Personal Injury Action for Damages" Suffices as Notice That Commences Action Under CPLR 305(b) -- Even in $3 Million Case

SURVEILLANCE TAPES
In Interesting Twist, P Is Allowed to Introduce Surveillance Tape Taken by D Because It Corroborates P's Claimed Injury

 

 


Backlog Items :

ACTION AGAINST PARTNERS
If One Defendant Partner Dies During Action, It Can Be Continued Against the Other

POST-JUDGMENT REPLEVIN?
Once Judgment for Money Is Rendered, and Paid, P Can't Now Seek Replevin

ENFORCING ARBITRAL AWARD
Foreign Company's Agreement to Local Arbitration Subjects It to Information Subpoena About Its Assets After Award Confirmed

CONTRIBUTION IN CONTRACT CASES
What Is Obligation of Contract Debtor After Joint Debtor Pays the Judgment?

 

         
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