Siegel's Practice Review - Issue No. 255, March 2013 Headlines & Topics - New Laws, Civil Practice, New York Attorneys/Lawyers


March, 2013

NOTE: The Legislature has still not acted on amendments proposed for the new "Uniform Notice of Claim Act" scheduled to go into operation on June 15, 2013, so we again postpone Part II of the treatment that we began two months ago in SPR 253.

Overview of topics...

LEAD NOTE:

Municipal Employees Sued in Tort Need Not Have Been Named in Notice of Claim Served on Municipality

SPECIAL NOTE:

Venue in Arbitration Situations: Insurer Against Which No- Fault Arbitration Is Brought in New York Can't Get It Stayed for Lack of Jurisdiction

GENERAL PRACTICE:

Even Without Party's Reliance, Notary's Action That Facilitates Injury to That Party Makes Notary Liable
Lawyer Who Entered Into Bigamous Marriage in Jamaica Gets 6- Month Suspension Even Though His Practice Not Affected
NY's Sticking with UFCA While Most Other States Have Adopted UFTA Affects Exemption of Homestead Property in Bankruptcy Proceeding
Finding "Robo-Signing" in Housing Cases Just as Offensive as in Foreclosures, Court Requires Petitioners' Affiant to Show Source of His Sworn Statements
Non-Party's Motion to Quash Subpoena Denied for Failure to Follow Prescribed Procedure

ARTICLE HEADLINES

Feature Article

Municipal Employees Sued in Tort Need Not Have Been Named in Notice of Claim Served on Municipality

Special Note

VENUE IN ARBITRATION SITUATIONS
Insurer Against Which No-Fault Arbitration Is Brought in New York Can't Get It Stayed for Lack of Jurisdiction

General Practice Points

DISCIPLINARY SUSPENSION
Lawyer Who Entered Into Bigamous Marriage in Jamaica Gets 6-Month Suspension Even Though His Practice Not Affected

NOTARY'S LIABILITY
Party May Have Damages Claim Against Notary Whose Wrongdoing "Facilitates" Its Injury Even Without Reliance Being Shown

EXEMPT REAL PROPERTY
NY's Sticking with UFCA While Most Other States Have Adopted UFTA Affects Exemption of Homestead in Bankruptcy Proceeding

"ROBO-SIGNING"
Finding "Robo-Signing" in Housing Cases Just as Offensive as in Foreclosures, Court Requires Petitioners' Affiant to Show Source of His Sworn Statements

QUASHING PROCEDURE
Non-Party's Motion to Quash Subpoena Denied for Failure to Follow Prescribed Procedure