SPR - February 2003 Headlines & Topics


February 2003

Overview of topics...

Lead Note:

P'S "IN TERROREM" EFFORT TO PUNISH ANYONE DARING TO QUESTION HIS PURCHASE OF $50 MILLION IN ASSETS FOR ONLY $2 MILLION BRINGS SANCTIONS, AND AN APPELLATE DIVISION REBUKE

General Practice:

Court of Appeals Resolves Conflict on Whether P Need Submit to Deposition Before Being Allowed D's Surveillance Tapes: He Need Not
Court of Appeals Case Generates Review of Labor Law §§ 240 and 241 in Tort Realm
When May P, Having Sued D But Omitted X, Amend to Assert Direct Claim Against X After X Has Been Impleaded by D?
Who Must Be Served with Notice, and How, Before Defendant Can Get Claim Dismissed Against Deceased Plaintiff?
On Basis of Missing Zip Code on Mail Made Under CPLR 308(4), Court Denies Plaintiff Default Judgment
Even If Case Is Removed to Regular Part of Court from Small Claims Part, Informal Small Claims Procedure Applies
Another Dismissal Because Filing Fee Paid to County Clerk But Papers Filed with "Chief Clerk of ... Supreme Court"
For Suit on Foreign Country Arbitral Award, Need There Be Personal Jurisdiction in New York, or Does Property Suffice?
Federal Longarm Statute Gives Jurisdiction of Defendant When No Individual State Has Sufficient Jurisdictional Contacts

Backlog Items:

Mere Vacation Home Doesn't Count as Party's Residence for Venue Purposes
Attempting with Declaratory Action to Circumvent Shorter Time Periods Applicable to a Special Proceeding Doesn't Work

ARTICLE HEADLINES

FEATURE ARTICLE:
P'S "IN TERROREM" EFFORT TO PUNISH ANYONE DARING TO QUESTION HIS PURCHASE OF $50 MILLION IN ASSETS FOR ONLY $2 MILLION BRINGS SANCTIONS, AND AN APPELLATE DIVISION REBUKE

GENERAL PRACTICE

SURVEILLANCE TAPES:
Court of Appeals Resolves Conflict on Whether P Need Depose Before Being Allowed D's Surveillance Tapes: He Need Not

LABOR LAW 240 AND 241:
Court of Appeals Case Offers Occasion for Reviewing Key Statutes in Tort Realm

CLAIM AGAINST THIRD PARTY:
When May P, Having Sued D But Omitted X, Amend to Assert Direct Claim Against X After X Has Been Impleaded by D?

SUBSTITUTION UPON DEATH:
Who on Plaintiff's Side Must Be Served with Notice, and How, Before Claim Can Be Dismissed?

OMITTING ZIP CODE:
On Basis of Missing Zip Code on Mail Service Under CPLR 308(4), Court Denies Plaintiff Default Judgment

SMALL CLAIMS COURTS:
Even If Case Goes to Regular Part of Court Because Jury Demanded, Informality of Small Claims Procedure Still Applies

MENDON PONDS FALLOUT:
Another Dismissal Because Filing Fee Paid to County Clerk But Papers Filed with "Chief Clerk of ... Supreme Court"

SUIT ON FOREIGN ARBITRAL AWARD:
For Suit on Foreign Country Arbitral Award, Need There Be Personal Jurisdiction in New York, or Does Property Suffice?

FEDERAL LONGARM JURISDICTION:
Federal Longarm Statute Gives Jurisdiction of Defendant When No Individual State Has Sufficient Jurisdictional Contacts

BACKLOG ITEMS

RESIDENCE FOR VENUE PURPOSES:
Mere Vacation Home Doesn't Count as Party's Residence

SERVICE IN SPECIAL PROCEEDING:
Attempting with Declaratory Action to Circumvent Shorter Time Periods Applicable to a Special Proceeding Doesn't Work