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June, 2006
 

Overview of topics...

LEAD NOTE:

HOW DOES PLAINTIFF'S SHARE OF FAULT FIGURE IN DETERMINING TORTFEASORS' LIABILITIES UNDER CPLR ARTICLE 16?

GENERAL PRACTICE:

  • Simple "Equity" Characterization Can't Deny Plaintiff with Essentially Money Claim Access to Small Claims Part
  • Electronic Service: Dispute Over Whether Order and Judgment Dismissing P's Action Were Received by P Requires Hearing by Magistrate
  • Court Honors Settlement in Medical Malpractice Case That Explicitly Excludes Any Sum for Medical Expenses, Thus Avoiding Reimbursement to Health Insurer

SPECIAL NOTE:

  • What to Do When Money in Account Is Exempt from Levy, But Creditor's Restraining Notice Impedes Access to It?

BACKLOG ITEMS:

  • If Order Is Not Clear About Party's Obligation, Contempt May Not Be Imposed
  • Court Can't Consider Whether Demand for Arbitration Was Properly Served; That's for Arbitrator to Decide
  • Insurer A Can't Subject Disclaiming Insurer B to NY Jurisdiction Merely Because B's Insured Was Driving in NY

 


 ARTICLE HEADLINES


Feature Article:

HOW DOES PLAINTIFF'S SHARE OF FAULT FIGURE IN DETERMINING TORTFEASORS' LIABILITIES UNDER CPLR ARTICLE 16?

General Practice:

"EQUITY" CLAIM IN SMALL CLAIMS PART?
Simple "Equity" Characterization Can't Deny Plaintiff with Essentially Money Claim Access to Small Claims Part

ELECTRONIC SERVICE
Dispute Over Whether Order and Judgment Dismissing P's Action Were Received by P Requires Hearing by Magistrate

 

 
HEALTH INSURER BARRED FROM INTERVENING
Court Honors Settlement in Medical Malpractice Case That Explicitly Excludes Any Sum for Medical Expenses, Thus Avoiding Reimbursement to Health Insurer.

Special Note :

PROTECTING JUDGMENT DEBTOR'S EXEMPT INCOME
What to Do When Money in Account Is Exempt from Levy, But Creditor's Restraining Notice Impedes Access to It?

Backlog Items:

CONTEMPT
If Order Is Not Clear About Party's Obligation, Contempt May Not Be Imposed

 
DEMAND FOR ARBITRATION
Court Can't Consider Whether Demand for Arbitration Was Properly Served; That's for Arbitrator to Decide

LONGARM JURISDICTION AGAINST INSURER?
Insurer A Can't Subject Disclaiming Insurer B to NY Jurisdiction Merely Because B's Insured Was Driving in NY

 

         
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