Siegel's Practice Review - October 2010 Headlines & Topics


October, 2010

Overview of topics...

LEAD NOTE:

Employer Learning That Fired Employee Is Seeking Arbitration Must Promptly Apply to Stay It and Do Nothing Else Until Stay Issue Is Determined

GENERAL PRACTICE:

Cross-Motion for Summary Judgment Made After Expiration of CPLR 3212(a) 120-Day Time Limit Must Be Rejected
Second Summary Judgment Motion Not Acceptable Unless Based on Newly Discovered Evidence
One-Year Limitations Toll for Death of Would-Be Plaintiff Applies Even to Two-Year Time Limit in (Contract) (Here Fire Insurance Policy)
Foreclosure Action Is Dismissed Because Plaintiff Didn't Comply with Recently Added HETPA Notice
Judgment Confessed by D to His Family (P) in Obvious Attempt to Thwart D's Other Creditors Is Vacated as Fraudulent

BACKLOG ITEMS:

Liability Insurer That Hasn't Tendered Full Policy Must Pay Interest on Full Judgment When It Exceeds Coverage
Designating Treating Physician as Expert Can't Circumvent D's Right to Interview
When Attachment in Conjunction with Arbitration Is Sought Only for Security — Not Jurisdiction — N.Y. Locale of Property Suffices to Support Attachment Even If All of Claim's Underlying Contacts Are Foreign

ARTICLE HEADLINES

Feature Article:

WAIVER OF ARBITRATION
Employer Learning That Fired Employee Is Seeking Arbitration Must Promptly Apply to Stay It and Do Nothing Else Until Stay Issue Is Determined

General Practice Points:

TARDY SUMMARY JUDGMENT MOTION
Cross-Motion for Summary Judgment Made After Expiration of CPLR 3212(a) 120-Day Time Limit Must Be Rejected

SECOND SUMMARY JUDGMENT MOTION
Second Summary Judgment Motion Not Acceptable Unless Based on Newly Discovered Evidence

CONTRACT PERIOD OF LIMITATIONS
One-Year Limitations Toll for Death of Would-Be Plaintiff Applies Even to Two-Year Time Limit in Contract (Here Fire Insurance Policy)

EXTRA FORECLOSURE NOTICE
Foreclosure Action Is Dismissed Because Plaintiff Didn't Comply with Recently Added HETPA Notice

VACATING CONFESSED JUDGMENT
Judgment Confessed by D to His Family (P) in Obvious Attempt to Thwart D's Other Creditors Is Vacated as Fraudulent

Backlog Items:

INSURER'S OBLIGATION TO PAY INTEREST
Liability Insurer That Hasn't Tendered Full Policy Must Pay Interest on Full Judgment When It Exceeds Coverage

EXAMINING TREATING PHYSICIANS
Designating Treating Physician as Expert Can't Circumvent D's Right to Interview

ATTACHMENTS IN ARBITRATIONS
When Attachment in Conjunction with Arbitration Is Sought Only for Security -- Not Jurisdiction -- N.Y. Locale of Property Suffices to Support Attachment Even If All of Claim's Underlying Contacts Are Foreign