Siegel's Practice Review - April, 2006 Headlines & Topics


April, 2006

Overview of topics...

LEAD NOTE:

APPELLATE DIVISION HANDS DOWN COMPLICATED TORT CASE THAT SYNTHESIZES THE MAJOR CHOICE OF LAW PRINCIPLES EVOLVED DURING THE 1950s, 60s, and 70s

GENERAL PRACTICE:

Example of Where P's Failure to Secure Default Judgment Against D Within Year Brings Dismissal Against P
Telephoned Acceptance of Settlement Is Not "Open Court" Settlement and Will Not Bind
Counterclaim Okay in Summary Proceeding If "Inextricably Involved" with Issues on Which Proceeding Itself Depends
Mere Garnishee Has No Standing to Move to Vacate Judgment Rendered Against Defendant
New York City Taken to Task for Continued Practice of Sending to Compliance Conference Assistants Without Authority to Act

SPECIAL NOTE:

Duly Notified Insurer, Failing to Defend Insured's Suit, Is Estopped from Contesting the Suit's Resulting Judgment

BACKLOG ITEMS:

Appeal Dismissed for Record Bare of Materials Needed for Effective Appellate Review
Four Claims Brought Together, Exceeding $5000 Small Claims Limit, Are Held to Be Measurable Separately, Upholding Jurisdiction

ARTICLE HEADLINES

Feature Article:

APPELLATE DIVISION HANDS DOWN COMPLICATED TORT CASE THAT SYNTHESIZES THE MAJOR CHOICE OF LAW PRINCIPLES EVOLVED DURING THE 1950s, 60s, and 70s

General Practice:

TIME FOR ENTERING DEFAULT
Example of Where P's Failure to Secure Default Judgment Against D Within Year Brings Dismissal Against P

"OPEN COURT" SETTLEMENTS
Telephoned Acceptance of Settlement Is Not "Open Court" Settlement and Will Not Bind

SUMMARY PROCEEDINGS
Counterclaim Okay If "Inextricably Involved" with Issue on Which Summary Proceeding Depends

VACATING JUDGMENTS
Mere Garnishee Has No Standing to Move to Vacate Judgment Rendered Against Defendant

SIGNING STIPULATIONS
New York City Taken to Task for Continued Practice of Sending to Compliance Conference Assistants Without Authority to Act

Special Note :

EFFECT OF INSURANCE DISCLAIMER
Duly Notified Insurer, Failing to Defend Insured's Suit, Is Estopped from Contesting the Suit's Resulting Judgment

Backlog Items:

APPELLATE RECORDS
Appeal Dismissed for Record Bare of Materials Needed for Effective Appellate Review

SMALL CLAIMS AGGREGATION
Four Claims Brought Together, Exceeding the $5000 Small Claims Limit, Are Held to Be Measurable Separately, Upholding Jurisdiction