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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
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 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.
ó50-e Notice of Claim Requirement Applies in Small Claims Part
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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
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