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JANUARY 1997
 
Overview of topics...

Lead Note:

HOW DOES ARTICLE 16 APPORTIONMENT WORK WHEN THERE ARE BOTH INTENTIONAL AND UNINTENTIONAL TORTFEASORS IN THE CASE? APPELLATE DIVISION SPLITS

Tracking the New Laws:

 

  • Appellate Division Gives Retroactive Effect to Amendment on Preliminary Injunctions
  • Amendment Reducing Legal Malpractice Limitations from Six to Three Years Is Not Retroactive
  • More Cases About Retroactivity of Omnibus WC Law, Continuing Disagreement

The Filing System:

 

  • Appellate Division Backs Dismissal Even If Proof of Service Filing Is Missed by Just a Day
  • Fee-Collecting and Paper-Processing Offices Need Not Be the Same

General Practice:

 

  • No Redaction of Expert's Name for Party Seeking Summary Judgment
  • Who Sues For Association Lacking President and Treasurer?

Backlog Items:

 

  • Exams by Non-Physicians Okay if Under "Direction" of Physician
  • Consequence of Defendant's Getting Medical Records with Forged Authorization

 ARTICLE HEADLINES

FEATURE ARTICLE:
HOW DOES ARTICLE 16 APPORTIONMENT WORK WHEN THERE ARE BOTH INTENTIONAL AND UNINTENTIONAL TORTFEASORS IN THE CASE? APPELLATE DIVISION SPLITS

 TRACKING THE NEW LAWS

AMENDMENT ON PRELIMINARY INJUNCTIONS:
Appellate Division Implements Amendment Retroactively: "Sharp Dispute" on Facts Doesn't by Itself Bar Injunction

MALPRACTICE STATUTE OF LIMITATIONS:
New Statute Reducing Legal Malpractice Claim to Three Years Held Not Retroactive, Sustaining Five-Year-Plus Claim


 
THE WORKERS' COMPENSATION BILL:
More Conflicting Holdings on Retroactivity of Omnibus Bill

 THE FILING SYSTEM

MISSED BY ONE DAY:
2d Department Joins Rigid View of "Deemed" Dismissal: No Nunc Pro Tunc Filing of Proof of Service May Be Allowed

WHO COLLECTS THE FEE?:
Official's Taking Check Constitutes Commencement Even If Other Office Processes the Papers


 GENERAL PRACTICE

REDACTING EXPERT'S NAME:
Party Seeking Summary Judgment Can't Rely on Expert Data If Expert's Name Redacted

 
UNINCORPORATED ASSOCIATIONS:
In Absence of President or Treasurer, Association Can Sue Through Chief Executive Officer

 
BACKLOG ITEMS

PHYSICAL AND MENTAL EXAMS:
Physical Exam Can Include Test Administered by Psychologist Acting under Direction of Physician

FORGED MEDICAL AUTHORIZATION:
Use of Possibly Forged Medical Authorization Brings $1000 Sanction

         
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