SPR - April 2001 Headlines & Topics


April 2001

Overview of topics...

Lead Note:

BACK TO THE VENUE IMBROGLIO IN ARBITRATION-TESTING PROCEEDINGS: NASSAU DISMISSES MORE THAN 200 PROCEEDINGS FOR IMPROPER VENUE

General Practice:

Municipalities Regain Right to Article 16 Reductions as Court of Appeals Restricts Meaning of "Non-Delegable" Duty Exception
Time for No-Fault Application Remains 90 Days as Insurance Dep't Decides Not to Appeal Adverse Decision
Release of Employer Does Protect It Even from Contribution Claims
Delay After Filing Note of Issue Can Ground Dismissal Under Either CPLR 3216 or 3404
Rigid Application of Verification Rule in Court of Claims Brings Dismissal
May Expert's Qualifications That Would Reveal Identity Be Concealed in Med Mal Case?
Professional Corporation (P.C.) of Attorneys Can Appear Pro Se Through One of Its Members
If D Is in Fact Incompetent, P's Lawyers Must Advise Court; Default Judgment Won't Stand
Creditor Loses Satisfaction of Judgment by Not Following Strict "Perfection" Requirements

Backlog Items:

Measuring Time for Summary Judgment Motion
Lawyer's Unsworn Statement Can Trigger Frivolity Sanction
Remedy for Improper Numbering of Pleading Allegations Is Just Leave to Replead

Open Citations:

Corbo (Issue 84:Page 2): affirmed in 272 A.D.2d 502, 709 N.Y.S.2d 99 (2d Dep't 2000).
Breer (96:3-4): 184 Misc.2d 916, 709 N.Y.S.2d 798.
John Doe (100:2-3): 184 Misc.2d 519, 709 N.Y.S.2d 372 (May 8, 2000).

ARTICLE HEADLINES

FEATURE ARTICLE:
BACK TO THE VENUE IMBROGLIO IN ARBITRATION-TESTING PROCEEDINGS: NASSAU DISMISSES MORE THAN 200 PROCEEDINGS FOR IMPROPER VENUE

GENERAL PRACTICE:

"NON-DELEGABLE DUTY":
Municipalities Regain Right to Article 16 Reductions as Court of Appeals Drastically Narrows Meaning of "Non-Delegable" Duty

VOIDING OF NO-FAULT RULE UPHELD:
Insurance Department Decides Not to Appeal Decision Rejecting Regulation That Sought to Reduce Time for No-Fault Application

TORT SETTLEMENTS:
Release of Employer Does Protect It from Contribution Sought by Defendant Sued by Employee

LAXNESS DISMISSALS:
Delay After Filing Note of Issue Can Ground Neglect to Prosecute Dismissal, and There the 90-Day Demand Step Is Not Required

COURT OF CLAIMS PRACTICE:
Failure to Verify Claim Proper Brings Dismissal in Court of Claims Even Though Notice of Intention Was Verified

REVEALING EXPERT'S "QUALIFICATIONS":
May Expert's Qualifications Be Concealed If Revelation Would Identify the Expert in Med Mal Case?

REPRESENTING ATTORNEYS':
P.C. Professional Corporation (P.C.) of Attorneys Can Appear Pro Se Through One of Its Members

SERVING THE MENTALLY DISABLED:
P's Lawyer Must Advise Court of Mental Incapacity of D Even Though D Has Not Been Adjudicated Incompetent

LEVYING EXECUTION ON A JUDGMENT:
Creditor Failing to Take Required Step to Perfect Levy Can't Preserve Rights by Merely Resorting to Fresh Levy

BACKLOG ITEMS:

SUMMARY JUDGMENT:
Measuring Time for Summary Judgment Motion

FRIVOLITY SANCTIONS:
Lawyer's Unsworn Statement Can Trigger Frivolity Sanction

NUMBERING PLEADING ALLEGATIONS:
Remedy for Improper Numbering of Pleading Allegations Is Mere Leave to Replead