Feature Article:

COMPARATIVE NEGLIGENCE DEFENSE UNDER CPLR ARTICLE 14-A
D's Pleading of Article 16 Defense (on Joint Liability of Tortfeasors) Doesn't Inject P's Comparative Fault; Hence D Waives That Defense

Special Note:

CONTESTING ARBITRABILITY
Resister Ends Up Subject to Arbitration Merely by Not Seeking to Stay It Within 20 Days; Another Instance of Misplaced Reliance on Matarasso Case

General Practice Points:

RELATION BACK DOCTRINE
Complaint in Action for Money That Lawyers' Fund Paid to Crooked Lawyer's Clients Gave Sufficient Notice to Allow Relation Back of Amended Complaint Fleshing Out Details

SERVING ONLY AMENDED PAPERS
Serving Amended Complaint within Time for Serving Original One Is Timely as Long as Original Was Filed within Statute of Limitations

HEALTH INSURER ALLOWED INTERVENTION
In Personal Injury Case Not Involving Settlement, Health Insurer Is Allowed to Intervene in Insured's Tort Action Against Wrongdoer

"HIPAA" AND "ARONS" AUTHORIZATIONS
While Both Concern Medical Data in Personal Injury Actions, They "Seek Different Discovery and Contain Different Notices"; Hence Defendant Can't Insist That One Authorization Cover Both

PROPER VENUE
Defendant's Being Clerk of Surrogate's Court in Richmond Doesn't Establish That Plaintiff Can't Get Fair Trial There

DEFAULT BY STATE
There Is No Provision Barring Default Judgment Against State