FEATURE ARTICLE:
PROBLEMS UNDER THE NEW FILING SYSTEM
CAN THE 120-DAY PERIOD FOR SERVICE UNDER NEW
YORK'S NEW "FILING" SYSTEM BE EXTENDED? FEDERAL PRACTICE COMPARED--PART
I
FEES IN "CONVERSION" DIVORCE:
If Fee Is Paid Upon Filing Separation Agreement,
Need Another One Be Paid Upon Commencing the Divorce Action a Year
Later?
LIS PENDENS PROBLEMS UNDER THE "FILING"
SYSTEM
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 GENERAL
PRACTICE POINTS
MATRIMONIAL ACTIONS:
N.Y. Matrimonial Domicile, Needed for Jurisdiction
of Money Claim, Need Not Have Existed Immediately Before Break-Up
FRIVOLITY SANCTIONS:
Under CPLR 8303-a, Sanction of Up to $10,000 Can
Be Awarded in Favor of Each Prevailing Party
THE 60-DAY RULE:
Conflict on Whether 60-Day Rule Applies to Entry
of Judgment Following Jury Verdict
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Overview of topics...
- Lis pendens and "filing"
- Matrimonial jurisdiction
- Frivolity sanctions
- The 60-day entry rule
- Federal "pendent party" jurisdiction
...and more
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FEDERAL
JURISDICTION
"PENDENT PARTY" JURISDICTION:
Example of Keeping Related State-Law Claim
Against Party Even Though No Federal Claim Exists Against That Party
FEDERAL/NEW YORK "FILING" CONTRAST:
The Different Effects of the 120-Day Period
for Service in Federal and New York Practice
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