Siegel's Practice Review - January 2010 Headlines & Topics


January, 2010

Overview of topics...

LEAD NOTE :

New Court Rule (eff. Jan. 13, 2010) on Clerk's Duty to Accept Papers Tendered for Filing

NEW LAW:

Major Bill on Mortgage Foreclosure Problem Expands on the Conference That CPLR 3408 Mandates

SPECIAL NOTE:

Steady Silence by L, D's Lawyer, While P Tried to Get Settlement Entered, Bars Its Use Now, After Verdict Comes In for 10x More

GENERAL PRACTICE:

One Day Beyond 120-Day Period for Service Is Too Late, Especially When Notice to Defendant Now Long Exceeds Statute of Limitations
Counsel Must Be Allowed Access to All Colloquy and Data
Before Jury That Brings in Incomplete Verdict Is Sent Back to Deliberate Further
Court Sets Alternative Ways of Deposing Foreign Plaintiffs Where It Would Be Undue Hardship for Them to Come to N.Y.
When It's Not Clear in "Wrongful Birth" Case That Government Programs Will Pay All Expenses of Raising Child with Brain Abnormality, Medical Malpractice Action May Proceed
Refusal by Examining MD, Who Moved Out of State, to Return for Trial Justifies New Exam by New MD

BACKLOG ITEMS:

Tenant's Election to Have Human Rights Division Hear Discrimination Claim Bars Court from Hearing It
Because Old Attorney, Forwarding File to New One, Is Required to Retain Copy, Court Says Client Must Pay Copying Costs

ARTICLE HEADLINES

Feature Article:

NEW COURT RULE (EFF. JAN. 13, 2010) ON CLERK'S DUTY TO ACCEPT PAPERS TENDERED FOR FILING
Lists Only Four Instances in Which Rejection Is Mandatory, and Elaborates on Proper Steps to Be Taken with Other Papers

New Law:

MORTGAGE FORECLOSURE
Major Bill on Mortgage Foreclosure Problem Expands on the Conference That CPLR 3408 Mandates

Special Note:

Steady Silence by L, D's Lawyer, While P Tried to Get Settlement Entered, Bars Its Use Now, After Verdict Comes In for 10x More

General Practice Points:

NO EXTENSION ALLOWED
One Day Beyond 120-Period for Service Is Too Late, Especially When Notice to Defendant Now Long Exceeds Statute of Limitations

FURTHER JURY INSTRUCTION
Counsel Must Be Allowed Access to All Colloquy and Data Before Jury That Brings in Incomplete Verdict Is Sent Back to Deliberate Further

PLACE OF DEPOSITION
Court Sets Alternative Ways of Deposing Foreign Plaintiffs Where It Would Be Undue Hardship for Them to Come to N.Y.

COLLATERAL SOURCE
When It's Not Clear in "Wrongful Birth" Case That Government Programs Will Pay All Expenses of Raising Child with Brain Abnormality, Medical Malpractice Action May Proceed

EXAM BY NEW PHYSICIAN
Refusal by Examining MD, Who Moved Out of State, to Return for Trial Justifies New Exam by New MD

Backlog Items:

DISCRIMINATION CLAIMS
Tenant's Election to Have Human Rights Division Hear Discrimination Claim Bars Court from Hearing It

CHANGE OF ATTORNEYS
Because Old Attorney, Forwarding File to New One, Is Required to Retain Copy, Court Says Client Must Pay Copying Costs