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
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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
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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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