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

Overview of topics...

LEAD NOTE :

PRIVITY BETWEEN INSURERS FOR COLLATERAL ESTOPPEL PURPOSES?
Two Situations Contrasted

GENERAL PRACTICE:

N.Y. Jurisdiction of Truck Company under Federal Statute Doesn't Extend to Driver of Truck in Illinois Accident
Notice of Claim Served by Insured Serves for Later Subrogated Insurer as Well
Authorization of JHO to Hear Issue of Whether Service Is Proper Is Not Authority to Grant Extension of Time to Serve
If Insurer Agrees to Settlement and Then Doesn't Pay, May Judgment in Tort Action Be Entered Directly Against Insurer?
Just What Steps Does the Automatic Stay of CPLR 5519(a) Operate on When Municipality Appeals?
Article on How to Revive or Restore Actions That Have Been Stricken or Dismissed for Laxness

BACKLOG ITEMS:

Nine-Year Delay in Entering Default Judgment Excused
Failure of Creditor P to Identify Account of D at Bank Insulates Bank from Contempt Charge for Not Freezing Account
Appellate Court Orders Hearing on Whether Lawyer's Signature Genuine
Court Extends Time for Serving Process Even Though No "Good Cause" Shown
Post-Judgment Enforcement Against Account Shared with Nonparty Requires Military Affidavit re Nonparty, Too

ARTICLE HEADLINES

Feature Article:

PRIVITY BETWEEN INSURERS FOR COLLATERAL ESTOPPEL PURPOSES?
Two Situations Contrasted

General Practice:

LONGARM JURISDICTION
N.Y. Jurisdiction of Truck Company Under Federal Statute Doesn't Extend to Driver of Truck in Illinois Accident

NOTICE OF CLAIM
Notice of Claim Served by Insured Serves for Later Subrogated Insurer as Well

JUDICIAL HEARING OFFICERS
Authorization to Hear Issue of Whether Service Is Proper Is Not Authority to Grant Extension of Time to Serve

TORT SETTLEMENTS
If Insurer Agrees to Settlement and Then Doesn't Pay, May Judgment in Tort Action Be Entered Directly Against Insurer?

STAY ON APPEAL
Just What Steps Does the Automatic Stay of CPLR 5519(a) Operate on When Municipality Appeals?

LAXNESS DISMISSALS
Article on How to Revive or Restore Actions That Have Been Stricken or Dismissed for Laxness

Backlog Items:

DEFAULT JUDGMENTS
Nine-Year Delay in Entering Default Judgment Excused

RESTRAINING NOTICES
Failure of Creditor P to Identify Account of D at Bank Insulates Bank from Contempt Charge for Not Freezing Account

"MARKEDLY DIFFERENT" SIGNATURES
Appellate Court Orders Hearing on Whether Lawyer's Signature Genuine

EXTENDING TIME FOR SERVICE
Court Extends Time for Serving Process Even Though No "Good Cause" Shown

MILITARY AFFIDAVIT
Post-Judgment Enforcement Against Account Shared with Nonparty Requires Military Affidavit re Nonparty, Too