SPR - December 2002 Headlines & Topics


December 2002

Overview of topics...

Lead Note:

ALLOWING SERVICE BY E-MAIL ON DIVORCE DEFENDANT HIDING IN SAUDI ARABIA, COURT OFFERS EXTENSIVE REVIEW OF CPLR 308(5) (COURT-ORDERED SERVICE)

General Practice:

Difficulties of Serving Defendant in Foreign Country Justify Extension of TimE
New Law: Defendant Is Not Entitled to Collateral Source Credit for "Voluntary Charitable Contributions" Received by Injured Person
Appellate Status of Rule Reducing Time to Notify Carrier of No-Fault Claim
Attempt to Use CPLR 3103 to Secure Stay of Disclosure Is Rejected as Subterfuge to Evade Commercial Rule 12
"Equitable" Nature of Interpleader Is Invoked to Divide Between Lessor and Lessee Proceeds of Insurance Policy on Leased Chattel
While Administrative Award Usually Gets Collateral Estoppel Effect, It Doesn't If Party Had No "Stake" In the Actual Determination
After Court Increases Verdict, Which Defendant Appeals from, Defendant Can't Just Deposit Into Court Lower Sum Jury Awarded (So as to Avoid Interest)In Determining Ratios of Fault under Article 16, Does Share of Bankrupt Tortfeasor Get Factored In?
Court Says Lawyer Is Liable Only to Own Client (Plaintiff) for Negligent Process Server, Not to Defendant
Shortening Time for Summary Judgment Motion to Less Than 120 Days May Be Done by General Court Rule Instead of Individual Judge's Order

ARTICLE HEADLINES

FEATURE ARTICLE:
ALLOWING SERVICE BY E-MAIL ON DIVORCE DEFENDANT HIDING IN SAUDI ARABIA, COURT OFFERS EXTENSIVE REVIEW OF CPLR 308(5) (COURT-ORDERED SERVICE)

GENERAL PRACTICE

EXTENDING TIME FOR SERVICE:
Difficulties of Serving Defendant in Foreign Country Justify Extension of Time

COLLATERAL SOURCE PAYMENTS:
New Law: Defendant Is Not Entitled to a Credit for "Voluntary Charitable Contributions" Received by Injured Person

TRACKING NO-FAULT "REG 68":
Appellate Status of Rule Reducing Time to Notify Carrier of No-Fault Claim

COMMERCIAL RULE 12:
Attempt to Use CPLR 3103 to Secure Stay of Disclosure Is Rejected as Subterfuge to Evade Commercial Rule 12

INTERPLEADER OF INSURANCE PROCEEDS:
Court Cites "Equitable" Nature of Interpleader Device in Apportioning Between Lessor and Lessee Proceeds of Policy on Leased Chattel

EFFECT OF COMPENSATION AWARD:
While Administrative Award Usually Gets Collateral Estoppel Effect, It Doesn't If Party Had No "Stake" In the Actual Determination

INTEREST ON VERDICT:
After Court Increases Verdict, Which Defendant Appeals from, Defendant Can't Just Deposit Into Court Lower Sum Jury Awarded (So as to Avoid Interest)

ARTICLE 16 RIGHTS:
In Determining Ratios of Fault under Article 16, Does Share of Bankrupt Tortfeasor Still Get Factored In?

LAWYER'S LIABILITY FOR PROCESS SERVER:
Court Says Lawyer Is Liable Only to Own Client (Plaintiff) for Negligent Process Server, Not to Defendant

SUMMARY JUDGMENT MOTIONS:
Shortening of Time to Move to Less Than 120 Days May Be Made by General Court Rule Instead of Individual Judge's Order