FEATURE ARTICLE:
REVIEWING SOVEREIGN IMMUNITY, SECOND DEP'T
HOLDS SOUTH CAROLINA SUBJECT TO NEW YORK JURISDICTION FOR NEW YORK
TORT
 THE
FILING SYSTEM
PROPOSED CHANGE:
Proposal to Alter CPLR 306-b and Eliminate
"Deemed Dismissal"
FILING COMPLAINT ONLY:
Filing of Only the Complaint Is Not "Commencement";
Summons Must Accompany
APPEARANCE DOES JOB:
Appearance by D Within 120 Days Dispenses with
Filing Proof of Service Even If No Evidence of the Appearance Is Filed
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GENERAL
PRACTICE
MATRIMONIAL ACTION VENUE:
Second Department Holds That Setting Matrimonial
Venue in County of Neither Side's Residence Is Disciplinary Violation
CHANGE OF VENUE:
Third-Party Defendant Can Initiate Change of
Venue from Wrong to Right County
60-DAY ENTRY RULE:
After P's Summary Judgment Motion Is Granted
But Then Abandoned, Court Allows P to Make the Motion Anew
SERVICE BY MAIL:
Acknowledgment of Mail Service by Defendant
Becomes Unnecessary If Defendant Appears
SERVICE OF PROCESS BY FAX?:
Attempted Filing in Court of Claims by Fax
Results in Dismissal
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BACKLOG
ITEMS
VACATING DEFAULT JUDGMENTS:
When Default Has Been Entered by Clerk in Case
That Requires It by Court, Vacatur Must Be of Whole Judgment, Not
Just Damages Part
TRIAL BY REFEREE:
Statute on Rendering Decision Applies to Reference
to Determine, Not Reference to Report
FEDERAL
PRACTICE
CPLR 205(a) EXTENSION:
When Does Six Months for New Action Start After
Federal Circuit Court Dismissal?
REMOVAL TO FEDERAL COURT U.S.:
Supreme Court Takes Practical Stance to Preserve
Judgment in a Case That Should Have Gone Back to State Court
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