SPR - May 2003 Headlines & Topics


May 2003

Overview of topics...

Lead Note:

COURT OF CLAIMS OR SUPREME COURT?
WHICH COURT TO USE WHEN COURT OF CLAIMS JURISDICTION
IS UNCLEAR AND CONFLICTING DECISIONS ARE POSSIBLE

General Practice:

Has Attorney, as Opposed to Client Creditor, Claim Against Garnishee Bank for Misrepresenting Whether Debtor Had Account There?
Receiver Is Appointed to Sell Debtor's Realty Because It Allows for Private Sale and Better Price
Failure to Give 90-Day Warning to Architect Before Suing on Claim More Than 10-Years-Old Is Not Jurisdictional
Lapsed Lis Pendens May Be Revived in Mechanic's Lien Foreclosures; Court Says Strict Sakow Rule Doesn't Apply When Lis Pendens Is Mandatory
When P Sues D, and D Defaults But Only After Impleading X, Is X Entitled to Dismissal of D's Third-Party Claim?
Should Insurer Delayed in Becoming Subrogated Because of Dispute with Insured Sue Tortfeasor Anyway and Just Seek Stay?
Can Virginia Sheriff's Failures in Enforcing New York Judgment Subject Him to New York Jurisdiction for Damages?
D Is Allowed on Retrial to Use MD Expert That D Was Barred from Using at Earlier Trial

Backlog Item:

Filing Note of Issue Under Pressure of CPLR 3216 90-Day Demand Doesn't Bar Dismissal If Case Still Not Ready

ARTICLE HEADLINES

FEATURE ARTICLE:
COURT OF CLAIMS OR SUPREME COURT?
WHICH COURT TO USE WHEN COURT OF CLAIMS JURISDICTION
IS UNCLEAR AND CONFLICTING DECISIONS ARE POSSIBLE

GENERAL PRACTICE

ATTORNEY'S CLAIM AGAINST GARNISHEE?:
Has Attorney, as Opposed to Client Creditor, Claim Against Garnishee Bank for Misrepresenting Whether Debtor Had Account There?

ENFORCEMENT RECEIVERSHIP:
Receiver Is Appointed to Sell Debtor's Realty Because It Allows for Private Sale and Better Price

ACTIONS AGAINST ARCHITECTS:
Failure to Give 90-Day Warning to Architect Before Suing on Claim More Than 10-Years-Old Is Not Jurisdictional

LIS PENDENS AND MECHANICS' LIENS:
Lapsed Lis Pendens May Be Revived in Mechanic's Lien Foreclosures; Court Says Strict Sakow Rule Doesn't Apply When Lis Pendens Is Mandatory

DEFAULT FOLLOWING IMPLEADER:
When P Sues D, and D Defaults But Only After Impleading X, Is X Entitled to Dismissal of D's Third-Party Claim?

INSURER'S SUBROGATION DILEMMA
Should Insurer, Delayed in Becoming Subrogated Because of Dispute with Insured, Sue Tortfeasor Anyway and Just Seek Stay?

LEVYING THROUGH FOREIGN SHERIFF?:
There's No New York Jurisdiction of Virginia Sheriff for Alleged Failure to Enforce New York Judgment

IDENTIFYING EXPERTS:
D Is Allowed on Retrial to Use MD Expert That D Was Barred from Using at Earlier Trial

BACKLOG ITEMS

3216 VERSUS 3126:
Filing Note of Issue Under Pressure of CPLR 3216 90-Day Demand Doesn't Bar Dismissal If Case Is Still Not Ready