New York Practice Guide: Negligence

Here's expert analysis of New York negligence case and statutory law,accompanied by practice material--forms, checklists,time-tables, strategy and practice tips, as well as a research guide.

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ISBN: 9780820515212
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Here's expert analysis of New York negligence case and statutory law, accompanied by practice material -- forms, checklists, time-tables, strategy and practice tips, as well as a research guide. Vital for both the novice and seasoned practitioner alike, the guide covers:

•  The substantive law of negligence--including contribution and comparative negligence
•  Civil practice and procedure
•  The use of expert witnesses
•  The major causes of action--the law, practice and forms relating to premises liability, products liability, automobile accidents, government liability, medical malpractice and construction accidents

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Table of contents

UNIT I: LAW OF NEGLIGENCE

1 Introduction

2 Law of Negligence

3 Contribution and Comparative Negligence


UNIT II: CIVIL PRACTICE AND PROCEDURE IN THE NEGLIGENCE CASE

4 The Retainer Agreement; Allowable Fees; Change of Attorneys

5 Preliminary Investigation and Gathering of Evidence

6 Statute of Limitations

7 Choosing the Proper Court

8 Joinder of Parties

9 Commencing the Action and Defendant Response

10 The Notice of Claim

11 Pleadings

12 Law of Evidence in Civil Negligence Cases

13 Reserved

14 The Preliminary Conference

15 The Bill of Particulars

16 Dispositive Pre-Trial Motions

17 Reserved

18 Overview of Disclosure

19 Medical Malpractice Panels

20 Calendar Practice and Trial Preference

21 The Use of Expert Witnesses in New York Personal Injury Actions

22 Damages

23 Reserved

24 Settlement

25 Post-Trial Motions

26 Federal Tax Treatment of Awards and Settlements in New York Tort Actions


UNIT III: MAJOR CAUSES OF ACTION

27 Premises Liability

28 Reserved

29 Products Liability

30 Reserved

31 Motor Vehicle Negligence

32 Reserved

33 Government Liability

34 Reserved

35 Medical Malpractice

36 Reserved

37 Construction Accidents

I Uniform Rules for the Engagement of Counsel

II Uniform Rules for the Jury System

III Awards of Costs and Imposition of Financial Sanctions for Frivolous Conduct in Civil Litigation

IV Audio-Visual Coverage of Judicial Proceedings

V Uniform Civil Rules for the Supreme Court and the County Court

Table of Cases

Table of Statutes

Index