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NOTE ON COVERAGE OF AMENDED SANCTIONS
RULE
FEATURE ARTICLE:
"DEEMED DISMISSED" FEATURE OF FILING SYSTEM
ABOLISHED; COURT GIVEN DISCRETION TO EXTEND TIME FOR SERVICE-- PART
V
- Extension Motion Best Made During the
120 Days
- Motion to Extend Made Ex Parte; Appellate
Issues
- Effect of Differences in Appealability
Between Federal and New York Law
- No Sua Sponte Dismissal, in Contrast
with Federal Practice
- Abolition of Plaintiff's 120-Day Period
for Suit After Dismissal for Improper Service
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 GENERAL
PRACTICE
ANSWER IN SPECIAL PROCEEDING:
Unlike Action, In Special Proceeding There's
No "Right" to Answer After Motion to Dismiss Is Denied
SUBPOENA SERVICE:
Okay to Serve Information Subpoena on Defendant
Outside State
IMMUNITY RE SUBPOENA SERVICE:
Service of Ordinary Subpoena on Judgment Debtor
in New York to Testify on Unrelated Matter Is Upheld on Special Facts
AFFIDAVIT OF NON-MILITARY SERVICE:
Affidavit That Defendant Is Not in Military
Service Required Only in Default Cases
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APPEALING AN ORDER:
Can't Cure Failure to Include Item in Appeal
from Order by Moving to Amend Notice of Appeal
BACKLOG
ITEMS
DISCLOSURE SANCTIONS:
For Disclosure Sanctions, Conduct Need Not
Rise to "Frivolous" Level
CAP ON LOWER COURT JURISDICTION:
While Lower Courts' Jurisdiction of Money Counterclaims
Is Unlimited, the Usual Cap Applies to Cross-Claims
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