Search the Issue Highlights:  

Search Tips

Issue Index About SPR Subscriptions The Author  
 

 

 
     

DECEMBER 1997
 
Overview of topics...

Lead Note:

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

Tracking the New Laws:

 

  • Amendment on Moving for Judgment on Defense of Improper Service Held Not Retroactive

General Practice:

 

  • Inter-American Convention on Letters Rogatory Doesn't Preclude Regular CPLR Service
  • What Step Qualifies as Making Motion to "Confirm" Seizure of Chattel Within Five-Day Period?
  • Conflict on Whether Notice of Claim Has to Be Served in Small Claims Case

Backlog Items:

 

  • Conflict on Use of Substituted Service in Misrepresented-Address Cases
  • No Suspension of Interest Merely Because Plaintiff Delays Case

Federal Practice:

 

  • Federal and New York Practice Compared on Asserting Statute of Limitations Objection

 ARTICLE HEADLINES


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

 

  • Waivability of Defects by Defendant
  • Effect of Appearance Within the 120 Days
  • Complications with CPLR 3213 Action Now Avoided
OTHER PRIOR LAW FEATURES -- AND PROBLEMS -- THAT REMAIN IN THE PICTURE

 

  •  Filing of Complaint Alone Is Not Commencement
  • Confusing "Filing" and "Service" Courts
  • Proper Sequence of Filing-First Service-After Must Still Be Followed
  • Omitting Index Number and Filing Date from Summons May Still Create Problems
  • Shorter "Commencement" Periods in Provisional Remedy Statutes Still Need Special Attention

 
 TRACKING THE NEW LAWS

WAIVER OF IMPROPER SERVICE:
Conflict Now, as Case Holds That 60-Day Time Limit on Defense of Improper Service Is Not Retroactive

 GENERAL PRACTICE

LETTERS ROGATORY:
Inter-American Convention on Letters Rogatory Not Exclusive; Process Can Be Served in Mexico by Usual CPLR Methods

REPLEVIN PROCEDURES:
Filing Blank Order to Show Cause Doesn't Satisfy as Motion to Confirm Seizure of Chattel

NOTICE OF CLAIM:
Court Discusses Conflict on Whether Gen.Mun.L. 50-e Notice of Claim Requirement Applies in Small Claims Part
 
 BACKLOG ITEMS

SUBSTITUTED SERVICE:
Conflict on Whether Defendant Can Be Estopped from Contesting Service When Defendant's Own Representations of Address Are Inaccurate

INTEREST ON CLAIM:
Right to Interest Not Affected by Plaintiff's Alleged Delay in Prosecuting Case

 
FEDERAL PRACTICE

Interposing and Preserving Statute of Limitations Defense in Federal Practice

         
  ©1993 David D. Siegel  All rights reserved.   |   Web design & hosting by Azurelink.   |  Site Comments?