Siegel's Practice Review - April 2012 Headlines & Topics


April, 2012

Overview of topics...

LEAD NOTE:

Requiring Plaintiff to State Specific Sum Sought in Personal Injury and Wrongful Death Cases: the Demand Procedure of CPLR 3017(c)

SPECIAL NOTE:

Distinguishing Between "Good Cause" and "Interest of Justice" in Deciding Whether to Extend Time for Service

GENERAL PRACTICE:

If Lease Provides That If Tenant Can't Cure Breach Within Stated Time But Commences Good Faith Effort to, That Satisfies, and Court Can Extend Time Further
Notice of Claim Requirement Held Inapplicable to Whistleblower Action Against City
Dismissal for Plaintiff's Want of Capacity to Sue Is Not on Merits; Hence CPLR 205(a) Time Extension Is Available
Where Mandatory New York Stay of Enforcement of Florida Judgment Is Not Available, Discretionary Stay May Be

BACKLOG ITEMS:

In Dispute Between Pilots and Airline, Whether Each Pilot's Case Must Be Arbitrated Individually, or All May Be Arbitrated in One, Is For Arbitrator to Decide
While Bill of Particulars Can Help Determine Sufficiency of Pleaded Claim, It Can't Plead New Claim Itself

ARTICLE HEADLINES

Feature Article

REQUIRING PLAINTIFF TO STATE SPECIFIC SUM SOUGHT IN PERSONAL INJURY AND WRONGFUL DEATH CASES: THE DEMAND PROCEDURE OF CPLR 3017(c)r

Special Note:

"GOOD CAUSE" VERSUS "INTEREST OF JUSTICE"
One or the Other Must Be Shown in Order to Extend Plaintiff's Time for Service. How Do the Two Differ?

General Practice Points:

"YELLOWSTONE" INJUNCTIONS
If Lease Provides That If Tenant Can't Cure Breach Within Stated Time But Commences Good Faith Effort to, That Satisfies, and Court Can Extend Time Further

WHISTLEBLOWER STATUTE
Notice of Claim Requirement Held Inapplicable to Whistleblower Action Against City

"WITH PREJUDICE" PROBLEM AGAIN
Dismissal for Plaintiff's Want of Capacity to Sue Is Not on Merits; Hence CPLR 205(a) Time Extension Is Available

ENFORCING FOREIGN JUDGMENT
Where Mandatory New York Stay of Enforcement of Florida Judgment Is Not Available, Discretionary Stay May Be

Backlog Items:

"CLASS" VERSUS "COLLECTIVE" ARBITRATION
In Dispute Between Pilots and Airline, Whether Each Pilot's Case Must Be Arbitrated Individually, or All May Be Arbitrated in One, Is For Arbitrator to Decide

BILL OF PARTICULARS
While Bill Can Help Determine Sufficiency of Pleaded Claim, It Can't Plead New Claim Itself