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AUGUST 1996
 
Overview of topics...

Lead Note:

ORIGINAL PROCEEDINGS IN APPELLATE DIVISION NOW ALSO REQUIRE FEE

Other New Laws:

 

  • Service of Notice of Entry by Court No Longer to Start Appeal Time
  • New Statute on Counterclaims in Small Claims Cases
  • All Process Servers Now Allowed to Use Service by Mail

General Practice:

 

  • Conflict on Whether Consortium Claim Maintainable Apart from Personal Injury Claim
  • When Does Time to Join Additional Party Start?
  • Does Cashing Late Check for Settlement Forfeit Right to Lateness Penalties?
  • Can Plaintiff Move to Bronx After Accident to Secure Favored Venue?
  • No Article 16 "Joint Liability" Relief for Adult Serving Alcohol to Minor

Backlog Items:

 

  • Attorneys' Fees for Stakeholder in Interpleader Action
  • Mere Guardian Ad Litem Not Entitled to Receive Proceeds of Recovery

Open Citations:

 

  • Krenzer (Issue 36/Page 1): 167 Misc.2d 708, 634 N.Y.S.2d 927.
  • Orangetown (36/3): 216 A.D.2d 343, 631 N.Y.S.2d 41.
  • Perlson (39/4): 167 Misc.2d 593, 638 N.Y.S.2d 1000.
  • Robinson (40/1): 167 Misc.2d 483, 637 N.Y.S.2d 1018.
  • Mazzaferro (40/3): 218 A.D.2d 643.
  • G.H. Miner (42/2): 219 A.D.2d 831.
  • First National (42/3): 219 A.D.2d 867.
  • Ashline (42/3): 219 A.D.2d 789.
  • Aetna (42/3): 219 A.D.2d 708.
  • Graev (43/4): 219 A.D.2d 535.
  • Pickerell (44/1): 219 A.D.2d 24, 641 N.Y.S.2d 887.
  • Schwartz (44/1): 219 A.D.2d 47, 641 N.Y.S.2d 885.
  • N.Y. v. Haverstraw (44/1): 219 A.D.2d 64, 641 N.Y.S.2d 879.

 ARTICLE HEADLINES

NOTE ON NEW LAWS

FEATURE ARTICLE:
ORIGINAL PROCEEDINGS IN APPELLATE DIVISION NOW ALSO REQUIRE FEE

OTHER NEW LAWS STARTING APPEAL TIME:
New Law Requires Service of Judgment by Party Before Appeal Time Starts; Service by Court No Longer Suffices

COUNTERCLAIMS IN SMALL CLAIMS CASES:
Amendment Requires Early Interposition of Counterclaim by Small Claims Defendant



 
SERVICE BY MAIL:
Ordinary Process Server Now Authorized to Make Service by Mail


 GENERAL PRACTICE

LOSS OF CONSORTIUM:
Conflict on Whether Consortium Claim Is Adjunct of Main Claim, Whose Settlement Bars Its Separate Prosecution

JOINDER OF PARTIES:
Time for Joining New Defendant as of Right Runs from Answer of Last Defendant Served

PENALTIES FOR LATE PAYMENT:
Plaintiff Who Cashes Late Check for Settled Sum Still Entitled to Penalties; and Date of Check's Mailing, Not Receipt, Is Key

 
ODE TO THE BRONX:
Phony "Move" to Bronx to Secure Favored Venue for Personal Injury Action Doesn't Work

ADULTS' LIABILITY FOR ALCOHOL INJURIES:
No Article 16 (Joint Liability) Release for Adults Furnishing Alcohol to Minor Who Causes Injury


 BACKLOG ITEMS

ATTORNEYS' FEES:
Attorney's Fee Is Awarded to Bank Forced to Participate in a "Tortuous" Interpleader

POWERS OF GUARDIAN AD LITEM:
Mere Guardian Ad Litem Held Not Qualified to Apply for Turnover of Proceeds of Ward's Action

         
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