FEATURE ARTICLE:
DISCRETIONARY REFUSAL TO CONVERT IMPROPERLY
BROUGHT CPLR 3213 MOTION INTO ORDINARY ACTION RESULTS IN LAPSED CLAIM
 TRACKING
THE NEW LAWS
ADDING PARTIES:
Can't Court Join Additional Party On Its Own
Motion?
CONTINUING "FILING" PROBLEMS:
First Department Allows Earlier Proceeding
for Leave to File Late Notice of Claim to Preserve Action Itself |
|
GENERAL
PRACTICE
ENFORCEMENT OF JUDGMENTS:
Second Circuit Reviews Problems of Enforcing
Judgments Against Intangible "Debts" in Which Judgment Debtor Has
Interest
SERVING DEFUNCT CORPORATION:
When Service on Secretary of State "Not Feasible"
Because Corporation "Defunct", Court Can Devise Method -- Here Service
on Insurer
VENUE AGAINST MUNICIPALITIES:
School District, Entitled as Defendant to Be
Sued in Own County, Is Not So Entitled as Third-Party Defendant
|
|
"SIGNING" VERSUS "ENTRY":
Reciting Incorrect Date of "Entry" In Papers
Served on Loser Doesn't Start Time to Appeal or Move for Reargument
SERVICE BY MAIL PROBLEMS:
D's Appearance After Asserting Objection to
CPLR 312-a Mail Service Doesn't Waive Objection Duly Preserved in
Answer
FEDERAL/NEW
YORK CONTRAST
In Federal Court, Properly Pleaded Jurisdictional
Defense Is Waivable by D's Continued Participation on Merits
|
