SPR - February Extra 1994 Headlines & Topics


FEBRUARY EXTRA 1994

Overview of topics...

Lead Note:

OVERHAUL OF SUMMONS SERVICE AND PERSONAL JURISDICTION IN THE FEDERAL COURTS: THE NEW RULE 4 OF THE FEDERAL RULES OF CIVIL PROCEDURE--PART 5

The New Filing System:

Filing D's Appearance Instead of Proof of Service

General Practice:

P Pays $10,000 Sanction to Each Defendant
"Clerical Service" Foul-Up and Un-Entered Order Forfeits Summary Judgment
Attachment Based on Secreting Property: Big Role for Inferences
Gap Between Market and Purchase Prices on Mortgage Foreclosure

Backlog Items:

More Than Just Missed Calendar Call Triggers the Year of CPLR 3404
No Show-Cause Procedure for CPLR 3213 Action

Open Citation:

Kleinman (Issue 7/Page 3): 158 Misc.2d 640, 601 N.Y.S.2d 665.
Yancey (Issue 9/Page 3): 158 Misc.2d 514.

ARTICLE HEADLINES

FEATURE ARTICLE:
OVERHAUL OF SUMMONS SERVICE AND PERSONAL JURISDICTION IN THE FEDERAL COURTS: THE NEW RULE 4 OF THE FEDERAL RULES OF CIVIL PROCEDURE--PART 5

• Service Within Country as Itself Subdivision (k)(2) Basis?

• U.S. Citizenship as Subdivision (k)(2) Basis?

• Venue in Subdivision (k)(2) Cases

• "Supplemental" Jurisdiction in Subdivision (k)(2) Cases

THE NEW FILING SYSTEM

Is Action "Deemed Dismissed" When Defendant Has Appeared But Plaintiff Has Not Filed Paper So Indicating?

GENERAL PRACTICE

FRIVOLITY SANCTIONS:
Under CPLR 8303-a, Sanction of Up to $10,000 Can Be Awarded in Favor of Each Prevailing Party

"CLERICAL SERVICE" FOUL-UP:
For Failure to Enter Timely Order, D Loses Summary Judgment It Had Won; Clerical Service Didn't Tell D of the Victory

ATTACHMENT GROUNDS:
Secreting of Property, Sufficient to Ground Attachment, Can Be Spelled Out by Inference

MORTGAGE FORECLOSURE:
Even If Right Procedure Followed, Huge Gap Between Purchase Price and Market Value Will Bring Court Review

BACKLOG ITEMS

CALENDAR STRIKINGS:
Granting New Trial Triggers CPLR 3404 and Requires P's Motion to Restore to Calendar Within One Year

CPLR 3213 ACTION ON NOTE:
Action Commenced with Summary Judgment Motion Can't Be Brought on by Order to Show Cause