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


December, 2006

Overview of topics...

LEAD NOTE :

EXTENDING TIME FOR COMMENCING ARBITRATION
Court May Extend 30-Day Period for Commencing
Arbitration After Granting TRO in Aid of It

GENERAL PRACTICE:

Dismissal Of P's Action for Failure to Attend Conference Doesn't Bar New Action as Long as Time Is Still Open
Court Grants P Injunction to Stop D from Prosecuting Action in Sister State

SPECIAL NOTES:

Conflict on Whether Plaintiff's Omission of Affidavit of Merits Renders Default Judgment Void
Appellate Division Says Defendant Is Not Entitled to Post-Note of Issue Interview with Plaintiff's Treating Physician, Making Federal HIPAA Requirements Largely Irrelevant

BACKLOG ITEMS:

In Court of Claims, Failure to Set Forth Total Amount of Personal Injury Claim Held Not Fatal
In Lower Courts, Too, Dismissal Results When Service Is Made Before Filing

ARTICLE HEADLINES

Feature Article:

EXTENDING TIME FOR COMMENCING ARBITRATION
Court May Extend 30-Day Period for Commencing Arbitration After Granting TRO in Aid of It

General Practice:

RE-COMMENCEMENT OF ACTION
Dismissal Of P's Action for Failure to Attend Conference Doesn't Bar New Action as Long as Time Is Still Open

ENJOINING FOREIGN ACTION
Court Grants P Injunction to Stop D from Prosecuting Action in Sister State

Special Notes:

PAPERS ON DEFAULT APPLICATION
Conflict on Whether Omission of Affidavit of Merits Renders Default Judgment Void

DEFENDANT'S INTERVIEWING PLAINTIFF'S TREATING PHYSICIAN?
Appellate Division Says Defendant Is Not Entitled to Post-Note of Issue Interview with Plaintiff's Treating Physician, Making Federal HIPAA Requirements Largely Irrelevant

Backlog Items:

COURT OF CLAIMS PRACTICE
In Personal Injury Case, Failure to Set Forth Total Amount Claimed Held Not Fatal

LOWER COURT PRACTICE
Dismissal Results from Serving Before Filing