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OCTOBER 1998
 
Overview of topics...

Lead Note:

MORE ON WHETHER MEDICAL INSURER CAN INTERVENE IN INSURED'S TORT ACTION TO HELP ASSURE RECOVERY OF ITS OWN EXPENDITURES

Tracking the New Laws:

 

  • Legal Malpractice Plaintiff Can Sue Within "Reasonable Time" After CPLR 214(6) Amendment
  • New Statute on Time for Suit Against Architects and Engineers Held Retroactive

General Practice:

 

  • More on the Henry Case, Dissolving Disability of Infancy When Attorney Is Consulted; Issue of Retroactivity
  • Garnishee Honoring Execution Is Not Liable If Property in Fact Belongs to Third Person
  • Injured Party Failing to Join Declaratory Action Is Bound by Insurance Disclaimer
  • Must Seller's Lawyer Interplead Buyer's Escrowed Down Payment If Dispute Arises?
  • Business as Usual on Bill of Particulars Preclusion Motions

Backlog Items:

 

  • Dispute Between Attaching Creditor and Party Who Mistakenly Deposits Funds in Debtor's Account
  • P Pays $5000+ Sanction for Phony $1 Million ClaimBrought as Reprisal for D's $1800 Small Claim

Open Citations:

 

  • 42d Street (70:2): 176 Misc.2d 772, 674 N.Y.S.2d 562.
  • Aliano (71:2): 176 Misc.2d 975, 675 N.Y.S.2d 271.
  • Meehan #1 (74:4): 243 A.D.2d 12, 676 N.Y.S.2d 178.
  • Meehan #2 (74:4): 242 A.D.2d 155, 675 N.Y.S.2d 354.
  • L.F. O'Connell (75:4): 176 Misc.2d 697.
  • Yao (75:4): 245 A.D.2d 136.

 ARTICLE HEADLINES

FEATURE ARTICLE:
MORE ON WHETHER MEDICAL INSURER CAN INTERVENE IN INSURED'S TORT ACTION TO HELP ASSURE RECOVERY OF ITS OWN EXPENDITURES

 TRACKING THE NEW LAWS

MALPRACTICE LIMITATIONS:
Amendment Reducing Time from 6 to 3 Years Bars Malpractice Claim Not Brought Within 6 Months After Amendment's Effective Date of 9/4/96

ARCHITECTS AND ENGINEERS LIMITATIONS:
Special Statute of Limitations Protecting Architects and Engineers Held Retroactive
 
 GENERAL PRACTICE

GARNISHEE'S OBLIGATIONS:
When Judgment Creditor Wrongly Designates Property in an Execution, Rightful Owner's Claim Is Against Creditor, Not Garnishee

QUESTION OF INSURANCE COVERAGE:
Plaintiff's Application to Intervene in Insured/Insurer's Declaratory Action on Coverage Is Too Late

LAWYER'S ESCROW ACCOUNT:
Should Seller's Lawyer Interplead Buyer's Escrow Money (on Real Estate Contract) If Dispute Arises?

BILL OF PARTICULARS:
Conditional Preclusion Order Continues to Be Routine Cure for Bill of Particulars Delays Despite 1994 Amendments

 
MORE ON 2D DEP'T HENRY CASE, HOLDING THAT DISABILITY OF INFANCY ENDS WHEN COUNSEL IS RETAINED; WHAT ABOUT RETROACTIVITY?

 BACKLOG ITEMS

DISPUTE OVER ATTACHED MONEY:
"Discharge" Versus "Mistake" Doctrines Pit Attacher Against Third-Party Who Put Money Into Account by Mistake

"REVENGE" SUIT:
P Bringing Groundless $1 Million Action to Retaliate Against D's Small Claim of $1800 Pays More Than $5000 in Sanctions

         
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