Siegel's Practice Review - February, 2007 Headlines & Topics


February, 2007

Overview of topics...

LEAD NOTE :

MEASURING TIMELINESS OF ACTION WHEN ELECTRONIC FILING USED

GENERAL PRACTICE:

State Held Liable for Plaintiff's Damages When Order of Attachment Is Signed by Judge But Lost in Chambers
If Defendant Who Defaulted Contests Damages at Inquest, Plaintiff Can't Use Affidavits; Needs Live Witnesses
P's Statement of Kings County Residence -- to Get Kings Venue -- Found False; Change to Upstate County Granted

SPECIAL NOTES:

Waiting Until Client's Actual Malpractice Action Instead
of Notifying Insurer When Client's Dissatisfaction Is Apparent Forfeits Insurance Coverage
What Effect When a Plaintiff Invokes Privilege Against
Self-Incrimination in His Own Civil Action?

BACKLOG ITEMS:

Complaint That P's Lawyer Admits Is "Garbage" Can't Support Lis Pendens, But Can, and Does, Support Sanctions
Opponent's Failing to Respond to Summary Judgment Motion Does Not Mandate Grant; Movant Must Still Show No Issue of Fact, Etc.
Defaulting D-2 Can't Ask Reduction of Verdict by Amount of D- 1's Settlement; That Needs Pleading as Defense, Which Defaulter Forfeits

ARTICLE HEADLINES

Feature Article:

MEASURING TIMELINESS OF ACTION WHEN ELECTRONIC FILING USED

General Practice:

MISTAKE IN JUDGE'S CHAMBERS
State Held Liable for Plaintiff's Loss When Order of Attachment Is Signed by Judge But Lost in Chambers

DAMAGES INQUEST
If Defendant Who Defaulted Contests Damages at Inquest, Plaintiff Can't Use Affidavits; Needs Live Witnesses

FRAUDULENT VENUE
P's Statement of Kings County Residence -- to Get Kings Venue -- Found False; Change to Upstate County Granted

Special Notes:

LEGAL MALPRACTICE INSURANCE
Waiting Until Client's Actual Malpractice Action Instead
of Notifying Insurer When Client's Dissatisfaction
Is Apparent Forfeits Coverage

What Effect When a Plaintiff Invokes Privilege Against
Self-Incrimination in His Own Civil Action?

Backlog Items:

LIS PENDENS SANCTIONS
Complaint That P's Lawyer Admits Is "Garbage" Can't Support Lis Pendens, But Can, and Does, Support Sanctions

SUMMARY JUDGMENT DEFAULT?
Opponent's Failing to Respond to Summary Judgment Motion Does Not Mandate Grant; Movant Must Still Show No Issue of Fact, Etc.

GEN.OBLIG.LAW 15-108
Defaulting D-2 Can't Ask Reduction of Verdict by Amount of D-1's Settlement; That Needs Pleading as Defense, Which Defaulter Forfeits