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


May, 2007

Overview of topics...

LEAD NOTE :

LAW OFFICE FAILURE HELD NO EXCUSE FOR DELAYED ENTRY OF JUDGMENT; $750,000 FORFEITURE IS RESULT IN SPLIT APPELLATE DIVISION DECISION

SPECIAL NOTES:

Time Claim Accrues; Plaintiff's Admission of Accrual Date in Complaint Binds Co-Plaintiff and Bars Latter's Claim, Too
Court Says Attorney Can't Withdraw Merely Because He Thinks
Client's Claim Is Weak

GENERAL PRACTICE:

"High-Low" Agreement Stipulating Inner and Outer Limit at Damages Trial Is "Settlement" for CPLR 5003-a Purposes, Requiring P to Tender Release Before Earning Interest
D's Participation in Action for Long Period Before Making Objection to Filing Fee Omission Waives It
In Disciplinary Proceeding, Appellate Division Not Only Disbars Lawyer, But Also Holds Him in Contempt with 10-Day Jail Sentence
Stipulation Between P and D Adding X as Defendant Fails Because Not Filed Till Statute of Limitations Expired
Failure to Give Advance Notice of Motion as Required by Commercial Rule Does Not Divest Court of Jurisdiction to Hear It

BACKLOG ITEMS:

Traverse Hearing Held Necessary for Vacating Default Even If Defendant Offers No Affidavit of Non-Service

ARTICLE HEADLINES

Feature Article:

LAW OFFICE FAILURE HELD NO EXCUSE FOR DELAYED ENTRY OF JUDGMENT; $750,000 FORFEITURE IS RESULT IN SPLIT APPELLATE DIVISION DECISION

General Practice:

TORT SETTLEMENTS
"High-Low" Agreement Stipulating Inner and Outer Limit at Damages Trial Is "Settlement" for CPLR 5003-a Purposes, Requiring P to Tender Release Before Earning Interest

WAIVING FILING FEE OMISSION
D's Participation in Action for Long Period Before Making Objection to Filing Fee Omission Waives It

DISBARMENT PROCEEDINGS
In Disciplinary Proceeding, Appellate Division Not Only Disbars Lawyer, But Also Holds Him in Contempt with 10-Day Jail Sentence

ADDING DEFENDANTS
Stipulation Between P and D Adding X as Defendant Fails Because Not Filed Till Statute of Limitations Expired

ADVANCE NOTICE OF MOTION?
Failure to Give Advance Notice of Motion as Required by Commercial Rule Does Not Divest Court of Jurisdiction to Hear It

Special Notes:

TIME CLAIM ACCRUES
Plaintiff's Admission of Accrual Date in Complaint Binds Co-Plaintiff and Bars Latter's Claim, Too

WITHDRAWAL BY ATTORNEY
Court Says Attorney Can't Withdraw Merely Because
He Thinks Client's Claim Is Weak

Backlog Items:

VACATING DEFAULTS
Traverse Hearing Held Necessary for Vacating Default Even If Defendant Offers No Affidavit of Non-Service