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MARCH 2000
 
Overview of topics...

Lead Note:

DISCRETIONARY REFUSAL TO CONVERT IMPROPERLY BROUGHT CPLR 3213 MOTION INTO ORDINARY ACTION RESULTS IN LAPSED CLAIM

Tracking the New Laws:

 

  • Court Can't on Own Initiative Join New Party
  • Confusing, with Action Itself, Proceeding to File Late Notice of Claim

General Practice:

 

  • Enforcing Judgments Against Intangible Property Interests of Debtor
  • Service on Defunct Corporation by Serving Its Insurer
  • Impleaded Westchester School District Is Subject to Bronx Venue
  • Effect of Reciting Incorrect "Entry" Date on Time to Appeal or Reargue
  • P Using CPLR 312-a Mail Service Suffers Dismissal by Forgetting That D Doesn't Have to Cooperate

Federal/New York Contrast:

 

  • Does Participation on Merits After Asserting Jurisdictional Objection Waive It?

Open Citations:

 

  • Campaign (Issue 92:Page 3): 182 Misc.2d 676.

 ARTICLE HEADLINES

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

         
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