Siegel's Practice Review - February, 2009 Headlines & Topics


February, 2009

Overview of topics...

LEAD NOTE :

Second Circuit Gives Retroactive Effect to N.Y. Statute That Raises Real Property Exemption from $10,000 To $50,000

SPECIAL NOTE (Page 3):

Another case in Which Arbitrator's Cancellation of Public Employee's Firing Is Overturned by Court, and Employee Fired

GENERAL PRACTICE:

Dispute Over Time Periods of Treatment Relevant to Medical Malpractice Action Is for Court to Resolve
Year That P Has to Bring Civil Action After D's Conviction in Criminal Action for Same Wrong Runs from Imposition of Sentence
D-1's Successful Appeal of Denial of Summary Judgment, Resulting in Finding P Was Herself at Fault in Fall, Entitles Non-Appealing D-2 to Dismissal as Well
Judgment on Federal FELA Claim Tried in State Court Bears Interest at Federal Rate, Not N.Y. Rate
Rigidity of Concept of Subject Matter Jurisdiction Is Illustrated by Case Rejecting Justice Court Judgment Many Years After Rendition

BACKLOG ITEMS:

Despite Default by Defendant, Plaintiff Must Still Prove Good Service Even on CPLR 3213 Motions; Failure to Means Denial of Application
D's Driver's License, Still Showing Bronx Residence Though D Had Moved to Nassau, Justifies Bronx Service, but Not Venue

ARTICLE HEADLINES

Feature Article:

SECOND CIRCUIT GIVES RETROACTIVE EFFECT TO N.Y. STATUTE THAT RAISES REAL PROPERTY EXEMPTION FROM $10,000 TO $50,000

Special Note:

ANOTHER CASE IN WHICH ARBITRATOR'S CANCELLATION OF PUBLIC EMPLOYEE'S FIRING IS OVERTURNED IN COURT, AND EMPLOYEE FIRED
Provision in Collective Bargaining Agreement Itself Applies Stare Decisis Doctrine to Prior Arbitral Decisions

General Practice:

AUTHORIZATIONS TO EXAMINE MEDICAL RECORDS
Dispute Over Time Periods of Treatment Relevant to Medical Malpractice Action Is for Court to Resolve

CIVIL FOLLOWING CRIMINAL ACTION
Year That P Has to Bring Civil Action After D's Conviction in Criminal Action for Same Wrong Runs from Imposition of Sentence

LAW OF THE CASE
D-1's Successful Appeal of Denial of Summary Judgment, Resulting in Finding P Was Herself at Fault in Fall, Entitles Non-Appealing D-2 to Dismissal as Well

INTEREST ON FEDERAL CLAIM
Judgment on Federal FELA Claim Tried in State Court Bears Interest at Federal Rate, Not N.Y. Rate

JUSTICE COURT JURISDICTION
Rigidity of Concept of Subject Matter Jurisdiction Is Illustrated by Case Rejecting Justice Court Judgment Many Years After Rendition

Backlog Items:

CPLR 3213 "MOTION/ACTION"
Despite Default by Defendant, Plaintiff Must Still Prove Good Service; Failure to Means Denial of Application

VENUE CONFLICTS
D's Driver's License, Still Showing Bronx Residence Though D Had Moved to Nassau, Justifies Bronx Service, but Not Venue