FEATURE ARTICLE:
QUALIFICATIONS OF EXPERT IN MED MAL CASE
MUST BE REVEALED EVEN IF THEY MAKE EXPERT IDENTIFIABLE
GENERAL PRACTICE
FAILURE TO ENTER ORDER FORFEITS VICTORY:
Judgment Debtor Who Got Judgment Vacated
Loses Anyway Because It Failed to Get Order Entered on Vacatur Decision
ADMINISTRATIVE DETERMINATIONS:
First Department Divides, 4-1, on Whether
to Give Issue Preclusion (Collateral Estoppel) Effect to Administrative Determination
|
|
COMMENCEMENT OF ACTIONS:
As Long as Action Is Filed on Time, and
Defendant Appears, Defect in Service Held Curable Even Year or Two Later
DISMISSAL OF ABANDONED CASES:
CPLR 3404, Providing for Dismissal of Abandoned
Cases, Does Not Apply in Lower Courts; They Have Rules of Their
Own, Which Recent Case Reviews
TORTFEASOR APPORTIONMENTS UNDER ARTICLE 16
-- In Rangolan Case, Unintentional Tortfeasor Gets Assessed
Higher Share of Liability Than Intentional One
|
|
BACKLOG ITEMS
INTEREST ON VERDICT:
Delay of Several Months in Seeking Interest
on Verdict Is Excused When No Prejudice Shown
LEGAL SERVICES CLAIM:
Grant of Summary Judgment on Promissory Note
Given to Cover Legal Services Is Barred by Malpractice Defense
REARGUMENT MOTIONS:
To Review Reargument Order on Appeal from
Original Order, Papers on Reargument Must Be Included in Record
|
