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34 Nassau Law. 1 (1986-1987)

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TIlE JOURNAL OF TIlE BAR ASSOCIATION OF NASSAU COUNTY, N.Y., INC      VOL. 34, NO. 1, SEPIEMBER. tsSr
SERVING THE LEGAL PROFESSION AND THE PUBLIC FOR OVER 84 YEARS

New legislation ushers bi an era
Robinson seeking
closer ties with
other organizations
Hy !,1 fER FOREST JR.
Edward T. Robinson Ill, the 84th presi-
denl of tie Nassau County Bar Asscia-
tion, Is a mai bursting with Ideas, The
scope nird practicality of tlie changes he has
already started to make, both within the
Bar Association and in Its dealings with
groups outside of the Bar Association,
promise to riake iis one-year tenure one of
the most excitirg and progressive in the en-
fire history of lhe Bar Association.
Tie new president has been an Oyster
Bay resident aio or hi  life and presently
practices there as a partner in the firm of
Robinson & Lynch, maitalning a general
clvil practice %-ith areas of emphnsis in pro-
bale, corporate, real estate, zonlig, per-
sonal Injury and education law. Robinson
received Iris A.ll. In political science fron
tie College of tIhe Itoly Cross, Worcesteri
Massaclhusets, irn 19S4, After graduatlig
from college, lie served in tie Counter
Inteligene Corps In the United States Ar-
iy In eilin front 1954 to 1956. Hie then at-
teided Ueorgclown University School of
Law 0lrite hc received Ills Jurs Doctor
degree it 1960.
After admission to the bar in 1961, he -
Conthiued on page5                 Edsil r' - Robinson  ..   .
Association schedUe computer                                                CPL
show/seminar for October 21-22                                                  Pr

By ROGER lI; FRIEI) AN
At ai arlernoon -lunch-
eon- two nlluritcys ilet t
discuss matters of great sig-
ilficlnce to IlieIr-respective
,lawflrsriv. Thie corsversuilon
squided , sontlilng, like
is:1 1 l heiryoui just pur-
chased somse new equi
merit,  Dai Wasn't It two
PCC's with 30 megnbyte
drives with two floppys in
-i'ch and a laser?   Yci
Roger, and- they each con-
tain 640N RAM, a CP/M
chip arid all tire necessary
software. Sounds great-
Don, You've really moved
into 'state-of.the-art.' 'in
still unsing tile old CP/M
sysem inrtead of MS-DOS
with only 64K RAM, two 5
1/4-Inch floppys and two
8-inch drives that give me
approxIancly 2.6 Inea-
bytes of storage. I'm aiso
using a dot matrix with a
speed of 120 cps nird n letter
quality daisy wheel, wicl
rlits 40    cp.'  on
slhouIld get a laser, Rog; It
prints eight pages per
mirnute, no irlse and can
generate several Interesting
character fonts. By the way,
tie fIoppys hold 360 K bytes
and yOU call even get one
with 1.2 nmegahytes. Can
you iuaghie . 5 i./4-inch
floppy beirg able to hold
1,2 megabytes7
The conversation con-

tinued for soie hose.Two-
seasoned attorneys at an ad-
joili-i- lible-- overhearing-
What was saldi remnarked to
oncither tihat the legal
profesron muit-, have cei-
1ainly iaken- a tin far the
Worse since   Brigiil  0-o
longqr appeared to be the
language of choice. Must
he a personal injury
action, said one. That
RAM really inflicted harm
on that poor fella with al
those bytes. It's lucky that
they can operate With lasers
these days, - -
The legal profession -
perhaps,, more  than- any
other - is undergoing p ro-
found changes, particularly
In the manner In which legal

services ire delivered to the
client. Large ahd-fiedlurm
size firmlas have, for the past
ten tofllteh ydaes,- incor-
porated   Into  their  daily
opefalois sb md form :of
atoibnatio, Whhrift be -a
+ dedlal  wortO  processo-r
or the old._ ,4mag card
system. Within the past five
to seven years, these firms
-have. upraded theii auto-
mated operations to incor-
porate the latest in com-
puter technology for use in
word processing, billing,
legl rieearch, spreadsheet
appillcatlons -and-4 other
phases pf law office ad-
rilisdrrlios. These  firms
are able to deliver legal ser-
Conthiued on page 11

+,,fNOTICE
The lofstra Law School Plhie~innt Office. in
cooperation with the Nssaui County Bit Assoiation,
Is currently providing a service to asslit local pistil-
tloners with their shot-lerm reegreih requirements,
Student researthelir wiil iork a independent contrac-
tors at the established rate  of 8 per hour. The re.
search pool will conist of studeul whO have conl-
pleted at least- one year of law sludies and- are
available for short-term assignments, Practitioners
will be served or a first-come basis, Attorneys who
are Interested In this service may contact: The Re-
search Pool, Law Placement Office, Hofstra Univer-
sity School of Law, Iempslead, NY 11550.
Telephone: (516) 60-. S71.

of tort reform
By ARLENE ZALAVET
WARNIN: Tort reform        may lie
hazardous to your practice. Negligcnce
lawyers bewarel The much.heraldeci eta of
Legislation designed to cure the ailing loll
system has begun. Several crucial new rules
have been implemented. Further changes
are imminent. Some analysts view Ili new
legislation as a panacea, To others, tie
cure Is far worse than the disease.
Jolnt nd Several Liability
This Issue Is perhaps the most conirer r.
sial area of the reformation. The nie
provisions are contained within tie newly-
created C.P.L.R; Article 16. The rules
regarding joint and several liability apply tr
all actions commenced or claims filed on o1
after July 30, 1986 (see N.Y. State S.eate
Bill 9391-A).                  .
The law provides that, in actions iri olv.
Ing multliple'defendants any one defenrd-iit
Will not pay more than Its assessed percent.
ae of fault of non-economic loss if that
defendant's assessed liability Is 50.'pcicent
or less. Thus, while the modification
eliminates joint and several liability for ihe
50 percent or less tort feasor for non.ei.
noml loss, the full joint and several dre,
bine remains In effect for economic los.,
Non-econornic loss is essentially damages
for pain and sufferiti, while ecenotulr
loss is, in effect, past ard future lost v ar
and medical expensel.
A key tu evaluating tre iiilcact of ttlr
provision Is to note its excluslons. 1he ilie
rnthrrrd en ,ave' .1
R UPDATE
:ocess servng and

arbitraton discussed
Nfi aOl K BR.I
Service ithki Dlal~i nA  Rnteh  Out
Partlirack stari,rdect(PAicar bultdot - lyits ili:
-wailt for the ehuie:  .John Doe oii,li'lves at One Fortres
Arms. rdoghl the slidisg- tiid afrows of otraged fortne
hunters todiy's coluinifo-f15uses On the pfocecss server-
Until the legishlature in Albarly se lia ficed0to amend the
CPLR to permit Imall s0e -cas -in zthe -fcdcral cortti
(FRCP 4{14, the process server will remain an Integral part
of the litI in 6pfocess.
Once upon a tlie there existed- five lonely pIomissory
notesloo king for theli maker, The plaintIff utilied CPI R
3213 (summary judgment in lieu of complaint)y in an a.-
tenpt to fecover $800,000 from the corpo-rale and if.
dlvidual defendants.
Appeating at the Individual defendani's home, the pro
cess server requested to speak With hia.' ihough aditrit;
tedly home, the'defendanitwould not speak witit our licro
and after wailing half in houir, the process server left, Two
days later, he reappeared, only to seei!he defendanit dri itig
away II his car. The process server qulckly-approached tire
reluctant defendant. having parked iis own. car part way
across defendant's driveway, Stllt the defendant remained
mute to the plea of the process server, ,ho was running
alongside the vehicleto lower his window, Finally, Ilie pr0-
cess server placed the summons under (or by) the wIntl.
shield and the defendant drove off.
When the motion came on to be heard defendants
cross-moved to dismiss for lack of personal jurisdiction
and did not defend the action on the merits. Decision?
Cross motion denied.
Tire Court noticed that this was the second time tlit
plaintiff had moved for this relief. The first time tire pat
tes agreed to dismiss tie action because defendants vere
not given enough time tnder the statute to ansver te ino-
lion's contentions. The Court slated that defendanl %%s
Continued on poke to

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