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OCTOBER 1997
 
Overview of topics...

Lead Note:

"DEEMED DISMISSED" FEATURE OF FILING SYSTEM ABOLISHED; COURT GIVEN DISCRETION TO EXTEND TIME FOR SERVICE--PART III

Tracking the New Laws:

 

  • Retroactivity Voids Improper Service Defense in Pre-Amendment Case
  • Another App.Div. Decision on Retroactivity of Omnibus Workers' Compensation Reform Act

General Practice:

 

  • Does Use of Internet Subject Foreign Defendant to Local Longarm Jurisdiction?
  • In Non-Payment Proceeding, Court Can't Add Mailing Requirement Not Directed by Statute

Backlog Items:

 

  • Case Placed on "MOCA" Calendar Not Subject to CPLR 3404 Dismissal Rule
  • No Suit Against Referee Without Court Leave

Federal Jurisdiction:

 

  • "General" Federal Longarm Jurisdiction Denied If Any State at All Has Longarm Contacts

Open Citations:

 

  • Kimmel (Issue 57:Page 2): 172 Misc.2d 906, 660 N.Y.S.2d 265 (Mar. 26, 1997).

 ARTICLE HEADLINES

FEATURE ARTICLE:
"DEEMED DISMISSED" FEATURE OF FILING SYSTEM ABOLISHED; COURT GIVEN DISCRETION TO EXTEND TIME FOR SERVICE--PART III
  •  Multiple Time Extensions?
  • Interplay with Filing Proof of Substituted Service under Subdivisions 2 or 4 of CPLR 308
  • No Automatic Second 120-Day Period for New Action
  • Second Action Okay Within Time Remaining If First One Is Dismissed; Special Proceeding Distinguished
  • Occasional Disadvantage of Using Order to Show Cause

 
 TRACKING THE NEW LAWS

WAIVER OF IMPROPER SERVICE:
More Caselaw Holds 60-Day Time Limit on Defense of Improper Service Retroactive

OMNIBUS WORKERS' COMP ACT:
Fourth Dep't Joins Second and Third in Holding That Omnibus Act Is Not Retroactive

 
GENERAL PRACTICE

LONGARM INTERNET JURISDICTION?:
Missouri Cabaret Using Same Name as N.Y. Club Not Subject to N.Y. Jurisdiction Even Though It Uses Web-Site on Internet

LANDLORD-TENANT:
Judge Can't Stay Execution of Eviction Warrant by Imposing Additional Mail Requirement

 
 BACKLOG ITEMS

"MOCA" CASES:
Case Placed on MOCA Calendar Is Not Case "Struck" from Calendar So As to Require Restoration Within Year Under CPLR 3404

NECESSITY OF LEAVE TO SUE:
Suit Against Referee Held Frivolous and Brings Sanctions

 "GENERAL" FEDERAL LONGARM JURISDICTION

IF ANY INDIVIDUAL STATE CAN GET LONGARM JURISDICTION, "GENERAL" FEDERAL LONGARM RULE CAN'T BE INVOKEED

         
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