Siegel's Practice Review - September 2010 Headlines & Topics


September, 2010

Overview of topics...

LEAD NOTE:

The Negative Side of Homey Websites Like Facebook and MySpace: They Can Furnish Unintended Disclosure Opportunities for Adversaries in Litigation

GENERAL PRACTICE:

Electronic Filing of Notice of Claim Against New York City Takes Effect
Rule Amendments Require Counsel, at Any Conference Likely to Touch on Electronic Discovery, to Be Able to Discuss the Technical Issues, Too
D Who Receives Proper Settlement Papers from P under CPLR 5003-a Can't Also Insist on P Furnishing Federal IRS Form
P's Failure on Summary Judgment Motion in Personal Injury Case to Show He Was Free of Comparative Negligence Mandates Denial of P's Motion
Defendant's Filing Impleader Complaint in Saratoga, Where Main Action Commenced, After Venue of Main One Was Changed to Albany, Is Not Jurisdictional Defect
If Default Judgment Is Entered Without Full Compliance with CPLR 3215(f), Is It Void, or Merely Voidable?
Substantial Compliance with Extra Notice Required Prior to Taking Default Judgment Suffices; Literal Compliance Not Needed If "Spirit" of Notice Requirement Fulfilled
New Rule Takes Effect October 11, 2010, Further Regulating Process Servers in New York City

ARTICLE HEADLINES

Feature Article:

THE NEGATIVE SIDE OF HOMEY WEBSITES LIKEFACEBOOK AND MYSPACE
They Can Furnish Unintended Disclosure Opportunities for Adversaries in Litigation

General Practice Points:

ELECTRONIC FILING OF NOTICE OF CLAIM
Electronic Filing of Notice of Claim Against New York City Takes Effect

ELECTRONIC SAVVY REQUIRED
Rule Amendments Require Counsel, at Any Conference Likely to Touch on Electronic Discovery, to Be Able to Discuss the Technical Issues, Too

DELAY PAYING SETTLEMENT
D Who Receives Proper Settlement Papers from P under CPLR 5003-a Can't Also Insist on P Furnishing Federal IRS Form

COMPARATIVE NEGLIGENCE
P's Failure on Summary Judgment Motion in Personal Injury Case to Show He Was Free of Comparative Negligence Mandates Denial of Motion

VENUE VERSUS JURISDICTION
Defendant's Filing Impleader Complaint in Saratoga, Where Main Action Commenced, After Venue of Main Action Was Changed to Albany, Is Not Jurisdictional Defect

DEFAULT JUDGMENTS
If Default Judgment Is Entered Without Full Compliance with CPLR 3215(f), Is It Void, or Merely Voidable?

NOTICE OF DEFAULT JUDGMENT
Substantial Compliance with Extra Notice Required Prior to Taking Default Judgment Suffices; Literal Compliance Not Needed If "Spirit" of Notice Requirement Fulfilled

PROCESS SERVICE IN NYC
New Rule Takes Effect October 11, 2010, Further Regulating Process Servers in New York City