Siegel's Practice Review - May 2010 Headlines & Topics


May, 2010

Overview of topics...

LEAD NOTE:

Suffolk Judge Conducting Mandated CPLR 3408 Foreclosure Conference Castigates Mortgage Company, Cancels All Stipulated Interest, and Imposes $100,000 in Punitive Damages

SPECIAL NOTE:

Second Department Shows Futility of Relying Exclusively on "Documentary Evidence" Standard of CPLR 3211(a)(1) When What Party Really Wants Is Summary Judgment
Court Rejects, Without Parsing, "Overly Broad" Discovery Requests in Dispute Over Mortgage Securities, and Comments on Who Pays for Document Discovery in New York

GENERAL PRACTICE:

Partial Implementing Rule Takes Effect for Mandatory Electronic Filing in New York and Westchester Counties
Rule That Notice of Entry of Order Is Moment That Triggers Response Time Can't Always Be Relied On; Laches Can Bar Response, and Here, Involving 8-Year Delay, Does
Because Filing of Notice of Appeal Was on Time, Defective Service of It Is Remediable
Year and 90 Days for Action Against Municipality Is Not Same as Year and 3 Months -- and Difference Brings Dismissal
In Case Not Involving Settlement, Health Insurer in 4th Dep't May Still Intervene in Insured's Tort Action Against Wrongdoer

ARTICLE HEADLINES

Feature Article:

SUFFOLK JUDGE CONDUCTING MANDATED CPLR 3408 FORECLOSURE CONFERENCE CASTIGATES MORTGAGE COMPANY, CANCELS ALL STIPULATED INTEREST, AND IMPOSES $100,000 IN PUNITIVE DAMAGES

Special Note:

"DOCUMENTARY" EVIDENCE
Second Department Shows Futility of Relying Exclusively on "Documentary Evidence" Standard of CPLR 3211(a)(1) When What Party Really Wants Is Summary Judgment

Court Rejects, Without Parsing, "Overly Broad" Discovery Requests in Dispute Over Mortgage Securities, and Comments on Who Pays for Document Discovery in New York

General Practice Points:

"MANDATORY" ELECTRONIC FILING
Partial Implementing Rule Takes Effect for Use of Electronic Filing in New York and Westchester Counties

TIME FOR MOTION TO RENEW
Rule That Notice of Entry of Order Is Moment That Triggers Response Time Can't Always Be Relied On; Laches Can Bar Response, and Here, Involving 8-Year Delay, Does

DEFECTIVE MAILING REMEDIED
Because Filing of Notice of Appeal Was on Time, Defective Service of It Is Remediable

CALCULATING TIME PERIODS
Year and 90 Days for Action Against Municipality Is Not Same as Year and 3 Months -- and Difference Brings Dismissal

HEALTH INSURER ALLOWED INTERVENTION
In Case Not Involving Settlement, Health Insurer in 4th Dep't May Still Intervene in Insured's Tort Action Against Wrongdoer