Search the Issue Highlights:  

Search Tips

Issue Index About SPR Subscriptions The Author  
 

 

 
     

July 2001
 
Overview of topics...

Lead Note:

ATTORNEYS TO BE REQUIRED TO GIVE CLIENT "ENGAGEMENT LETTER" IN ALL CASES IN WHICH FEE IS EXPECTED TO EXCEED $1000; INPUT FROM BAR SOUGHT ON PROPOSED RULE

General Practice:

 

  • Divided Court Holds That Treatment by One Unit of Hospital Tolls Statute of Limitations for Wrong of Different Unit
  • Divided Court Upholds "Consequential" Damages Against Insurer That Deliberately Dodges Meritorious Disability Claim
  • Does Election to Pursue Discrimination Claim Through Agency Dispense with Notice of Claim on Municipality?
  • In Determining Interest Against State, Equity Opportunities Must Also Be Considered; Auer Case Reversed
  • Does Administrative Determination Get Issue Preclusion (Collateral Estoppel) Effect?

Backlog Items:

 

  • Foreign Corporation Using N.Y. Account for All Its Business Is Found "Present" in New York for Jurisdiction
  • Party Seeking Summary Judgment Can't Cite Privilege to Conceal Relevant Fact
  • Satisfying Requirements for Attachment When Used in Arbitration Instead of Litigation

Open Citations:

 

  • Guido (Issue 105:Page 3): 187 Misc.2d 647, 722 N.Y.S.2d 694.
  • Principale (110:4): 187 Misc.2d 878.

 ARTICLE HEADLINES

FEATURE ARTICLE:
ATTORNEYS TO BE REQUIRED TO GIVE CLIENT "ENGAGEMENT LETTER" IN ALL CASES IN WHICH FEE IS EXPECTED TO EXCEED $1000; INPUT FROM BAR SOUGHT ON PROPOSED RULE

GENERAL PRACTICE

CONTINUOUS TREATMENT DOCTRINE:
Divided First Department Holds That Treatment by One Unit of Hospital Tolls Statute of Limitations for Wrong of Another

BAD FAITH CLAIM AGAINST INSURER:
Divided First Department Holds That Insurer's Deliberately Resisting Meritorious Disability Claim Can Support "Consequential" Damages

 
NOTICE OF CLAIM CONFLICT:
Election to File Discrimination Claim with Division of Human Rights Instead of Suing in Court Is Held to Make Notice of Claim Unnecessary

INTEREST AGAINST STATE
AND MUNICIPALITIES — Auer Case, on Interest Against Governmental Units, Is Reversed: Equity Investment Opportunities Must Also Be Considered Before Stated 9% Rate May Be Reduced

ISSUE PRECLUSION:
Does Administrative Determination Get Issue Preclusion (Collateral Estoppel) Effect?

 
BACKLOG ITEMS

CORPORATE PRESENCE DOCTRINE:
Jurisdictional Exactions of Computer Age: Foreign Corporation Using N.Y. Account for All Its Business Is Found "Present" in New York for Jurisdiction

USE OF INCOMPETENT PROOF?:
Party Seeking Summary Judgment Can't Cite Privilege to Conceal Fact Relevant to Opposition

ATTACHMENT IN ARBITRATION:
Satisfying Requirements for Attachment When Used in Arbitration Instead of Litigation
         
  ©1993 David D. Siegel  All rights reserved.   |   Web design & hosting by Azurelink.   |  Site Comments?