New York Practice Guide: Negligence
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Description
Overview This work is designed to provide a blueprint for the litigation of a personal injury or property damage case in the New York courts. The term “Negligence” in the title is used in a broad generic sense; where applicable, breach of warranty and strict liability theories of recovery are also treated. The organization of the work is fairly straightforward. Unit One relates to the law or negligence. Unit Two covers civil practice and procedure in the negligence case, tracking the litigation process from the attorney’s initial contact through the post-trial period. Unit Three presents an in-depth treatment of the six major areas of litigation: Premises Liability, Products Liability, Automobile Negligence, Government Liability, Medical Malpractice, Construction Accidents. Each of the chapters is divided into a number of discrete parts. These include: Legal Background, Checklists, Timetables, Practice Guide, Forms and Research Guide. Thus, in each area there is analytical treatise coverage of statutory provisions and caselaw, practical guidance as to what to do and how to do it, a host of forms, checklists and handy timetables, and a research guide, extensively listing relevant primary and secondary source materials. The object of all of this is to provide the attorney with everything that would normally be needed in the course of prosecuting or defending a negligence action, as well as easy access to additional materials for further research. A deliberate effort has been made to serve the needs of those representing both plaintiffs and defendants, and to provide information and materials of value to the seasoned veteran as well as the novice. Practice Overview Before one can be a great sculptor of wooden furniture, one must be a good carpenter. Before the chair is made beautiful, it must first be made sturdy. So it is with lawsuits. Before we dream of making great arguments, we should first master the details of our craft. Papers must be filed on time. Pleadings must be prepared properly. Notice of proceedings must be given to the Court and our adversary as required. This is true for all lawyers and it is true for those who litigate negligence cases in New York. Mr. Disorganized is a good cross-examiner. He enjoys a fine reputation at the Bar. His office is, however, in chaos. Files cannot be found. Statutes of limitations are routinely missed. Motions to dismiss pour like Niagara into his office. Genius is no excuse for disorganization. All the genius in the world cannot revive a case which has been finally dismissed because of inattention. Great advocacy will not rescue the lawyer who has sued the wrong defendant. There is an antidote to disorganization. It is: attention to details. It derives from dedicated concern. It stems from a strong commitment to maintain a disciplined office where all papers are served promptly and orderliness is the rule of the day. The secret of a well run office is the diary. Each attorney should have his or her individual diary, putting down all the dates when something is due. The office, in addition, should have centralized diaries, which serve as a double check for special items, for example, the dates when depositions are scheduled to be held. In addition to the attorney’s diary, each attorney’s secretary should maintain a diary. With this system of checks and balances, an orderly office begins to evolve. There is probably no such thing as the totally perfect office. However, by dedication to orderliness, we can reduce to a minimum those disasters which might otherwise occur even in the offices of lawyers of the highest standards. A “bad” office is revealed by its files. When papers are chaotically strewn about unattached and loose it is the telltale mark of a sloppy mind. The file reflects the character of the attorney. Neatness is a virtue. It may not make one Cicero to have a neat file. However, while few can be Cicero all can be attentive to details. Each file must reflect the respect that the attorney has for that client. A sloppy file is nothing more than indifference to the well being of the client’s cause. Careful, concerned lawyers strive to make every file a model of neatness. In addition to orderliness and neatness, we of course, would be lost without knowing the rules of our trade. We must know where papers are to be filed; how to put a case on the calendar; the essential ingredients required in each document; the rules of civil procedure. In short, we must be good carpenters. Toward this end, it behooves every negligence lawyer in the State of New York, particularly those plaintiff’s lawyers charged with the bringing of the case, to study the legal materials in this text, prepared by Professor Oscar Chase and others. For those who already know the basic rules of law, the review will serve as a refresher. For those whose knowledge is incomplete, the review will serve as a necessary introduction to the knowledge which is absolutely essential for the negligence practitioner. It will be my role to add practical suggestions. These are considerations born of experience. My hope is that this book will serve as a helpful reference for all in New York who practice in the field of negligence. Needless to say no one can presume to lay down a definitive rule to be followed in every situation. Ultimately, judgment msust come into play. However, by careful adherence to the rules of law, mistakes can be minimized. By reference to our practice commentary, you will at least be able to share experience with one who has grappled for many years with the common problems of negligence practice.
Publication Date
1989
Recommended Citation
Chase, Oscar G. and Miller, Henry G., "New York Practice Guide: Negligence" (1989). Faculty Books & Edited Works. 92.
https://gretchen.law.nyu.edu/fac-books-edited-works/92
