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


May, 2009

Overview of topics...

LEAD NOTE :

Grand Example of Why Mere CPLR 305(b) Notice Should Not Be Used to Commence Action

SPECIAL NOTE:

Violating Conditional Orders: Despite Failure to Obey Conditional Disclosure Order, Plaintiff's Case Is Preserved with Only $500 Sanction (Page 3)

GENERAL PRACTICE:

Is Court-Ordered Service on Corporation Permissible When Service Under Usual Prescription Proves "Impracticable"?
Court Has "No Authority" to Require That Note of Issue Be Filed Before Summary Judgment Motion May Be Made
Allowing Only 15 Minutes per Round of Voir Dire Questioning in Injury Case With Complicated Damages Issues Is Held Too Short
P Must Furnish Treating Physician's Report to D Not Just Before Trial, But, When Physician Is to Testify by Deposition, Then Before Deposition Is Held

BACKLOG ITEMS:

Court Details Computation of Attorney's Fees for Frivolous Impleader of Plaintiff's Lawyer by Defendant (Also a Lawyer)
Arbitration Ordered Because Clear Parties Wanted It, Despite Their Including Some Conflicting Procedural Incidents
What Happened to Teacher Whose One-Year and Then Two-Year Suspensions by Arbitrator Were Rejected as Inadequate?

ARTICLE HEADLINES

Feature Article:

GRAND EXAMPLE OF WHY MERE CPLR 305(b) NOTICE SHOULD NOT BE USED TO COMMENCE ACTION

General Practice:

COURT-ORDERED SERVICE
Is Court-Ordered Service on Corporation Permissible When Service Under Usual Prescription Proves "Impracticable"?

SUMMARY JUDGMENT
Court Has "No Authority" to Require That Note of Issue Be Filed Before Summary Judgment Motion May Be Made

SPECIAL NOTE:
VIOLATING CONDITIONAL ORDERS
Despite Failure to Obey Conditional Disclosure Order, Plaintiff's Case Is Preserved with Only $500 Sanction

VOIR DIRE
Allowing Only 15 Minutes per Round of Voir Dire Questioning in Injury Case With Complicated Damages Issues Is Held Too Short

FURNISHING M.D. REPORTS
P Must Furnish Treating Physician's Report to D Not Just Before Trial, But, When Physician Is to Testify by Deposition, Then Before Deposition Is Held

Backlog Items:

COMPUTING SANCTIONS
Court Details Computation of Attorney's Fees for Frivolous Impleader of Plaintiff's Lawyer by Defendant (Also a Lawyer)

ARBITRATION PREVAILS
Arbitration Ordered Because Clear Parties Wanted It, Despite Their Including Some Conflicting Procedural Incidents

REJECTED AWARDS
What Happened to Teacher Whose One-Year and Then Two-Year Suspensions by Arbitrator Were Rejected as Inadequate?