Siegel's Practice Review - Issue No. 254, January 2013 Headlines & Topics - New Laws, Civil Practice, New York Attorneys/Lawyers


February, 2013

NOTE: The Legislature has not yet acted on amendments proposed for the new "Uniform Notice of Claim Act" scheduled to go into operation on June 15, 2013, so we've postponed to a future issue Part II of the treatment that we began last month in SPR 253.

Overview of topics...

LEAD NOTE:

To Determine Whether Personal Injury Plaintiff's Social Media Might Contain Something in Point, Usual Disclosure Method of Deposition Should Be Used

GENERAL PRACTICE:

Inferring Contumacious Conduct: City's Answer Stricken for "Repeated Failure" to Respond to Disclosure Demands
Under No-Fault Law, Insurer with "Independent Contractor" Defense Forfeits It by Not Promptly Disclaiming
Tip of Surgical Instrument That Broke Off During Surgery and Remained in Patient Is Not "Foreign Substance" That Invokes Time Extensions
County Judge Offers Some Guidance to Justice Court Parties About How to Perfect Appeal
After Small Claim Is Transferred to Regular Part of Court, Claimant Can Seek Amendment Raising Damages Above Small Claims Limit

BACKLOG ITEMS:

If Rules of Association Chosen for Arbitration Allow Initiation of It by Ordinary Mail, Formal CPLR 7503(c) Procedure Not Necessary
Where Nature of Pedestrian's Injury Can Help Establish What Caused the Injury, Bifurcated Trial Denied

ARTICLE HEADLINES

Feature Article

DISCOVERY OF SOCIAL MEDIA
To Determine Whether Personal Injury Plaintiff's Social Media Might Contain Something in Point, Usual Disclosure Method of Deposition Should Be Used

General Practice Points

INFERRING CONTUMACIOUS CONDUCT
City's Answer Stricken for "Repeated Failure" to Respond to Disclosure Demands

NO-FAULT COVERAGE
Insurer with "Independent Contractor" Defense Forfeits It by Not Promptly Disclaiming

"FOREIGN OBJECT" CASES
Tip of Surgical Instrument That Broke Off During Surgery and Remained in Patient Is Not "Foreign Substance" That Invokes Time Extensions

JUSTICE COURT APPEALS
County Judge Offers Some Guidance to Justice Court Parties About How to Perfect Appeal

TRANSFER OF SMALL CLAIM
After Small Claim Is Transferred to Regular Part of Court, Claimant Can Seek Amendment Raising Damages Above Small Claims Limit

Backlog Items:

SERVICE OF ARBITRATION DEMAND
If Rules of Association Chosen for the Arbitration Allow Initiation of It by Ordinary Mail, Formal CPLR 7503(c) Procedure Not Necessary

WHETHER TO BIFURCATE?
Where Nature of Pedestrian's Injury Can Help Establish What Caused the Injury, Bifurcated Trial Denied