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April 2003
 

Overview of topics...

Lead Note:

  • PROBLEMS FACED AT COMMENCEMENT TIME WHEN FILING
    IS DONE BY MAIL INSTEAD OF IN PERSON

General Practice:

  • Court of Appeals to Review Rule Reducing Time to Notify Carrier of No-Fault Claim
  • When Insurer Pays Its Own Insured and Then Seeks Recovery from Tortfeasor, Is That Subrogation or Indemnification? Statute of Limitations Consequence Attends Answer
  • Issue of Whether First Court Had Jurisdiction, Foreclosed on Sister-State Judgment, May Be Open to Review on Foreign One
  • Federal Express Found Okay Despite Statute's Instruction to Use Registered or Certified Mail
  • P's Failure to Return to MD's Office for Exam Is Excused, Preserving Action Against Municipality
  • President of Corporate Party, Though MD, Can't Merely Affirm; Must Verify Before Notary
  • Even Though Debtor's Account Has Only $1000, Proceeding for "Turnover" Order on Supreme Court Judgment Can't Be Sought in Lower Court
  • What Happens to Judgment Creditor's Priority When Judgment Debtor Changes Jobs While 10% Income Levy Is Operating?

Backlog Items:

  • Is Client Entitled to Disclosure of Former Lawyer's Records About Efforts Made to Secure Services of Potential Medical Experts?
  • Can Plaintiff Withhold Name of Medical Expert in Malpractice Action Against Physical Therapist?

 ARTICLE HEADLINES

FEATURE ARTICLE:
PROBLEMS FACED AT COMMENCEMENT TIME WHEN FILING
IS DONE BY MAIL INSTEAD OF IN PERSON


GENERAL PRACTICE

ANOTHER REPORT ON "REG 68":
Court of Appeals to Review Rule Reducing Time to Notify Carrier of No-Fault Claim

SUBROGATION VERSUS INDEMNIFICATION:
When Insurer Pays Its Own Insured and Then Seeks Recovery from Tortfeasor, That's Subrogation, Not Indemnification, and Statute of Limitations Runs from Accident, Not Payment

 


RECOGNIZING FOREIGN COUNTRY JUDGMENTS:
Issue of First Court's Jurisdiction, Foreclosed on Sister-State Judgment, May Be Open to Reinvestigation on Foreign One

SERVICE OF INTERLOCUTORY PAPERS:
Federal Express Found Okay Despite Statute's Instruction to Use Registered or Certified Mail

GML § 50-h EXAM:
P's Failure to Return to D's Physician's Office for Physical Exam Excused, and Action Preserved

WHO CAN MERELY "AFFIRM"?:
President of Corporate Party, Though MD, Can't Merely Affirm; Must Verify Before Notary

ENFORCEMENT OF JUDGMENTS:
Even Though Debtor's Account Has Only $1000, Proceeding for "Turnover" Order on Supreme Court Judgment Can't Be Sought in Lower Court

 


INCOME EXECUTIONS:
What Happens to Judgment Creditor's Priority When Judgment Debtor Changes Jobs While 10% Income Levy Is Operating?

BACKLOG ITEMS

LEGAL MALPRACTICE ACTIONS:
Client Is Entitled to Disclosure of Former Lawyer's Efforts to Secure Services of Potential Medical Experts

DISCLOSURE OF EXPERTS:
Can Plaintiff Withhold Name of Medical Expert in Malpractice Action Against Physical Therapist?

         
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