NOTE ON NEW LAWS: A number of amendments on civil procedure were signed by the governor in August 2005, to become effective on different dates. The most significant of these (L.2005, c.452) is a change in practice in the civil, district, and city courts, where, as of September 8, 2005, a "filing" system replaces the "service" system for commencing actions. Treatment of this new system for commencing lower court actions appears in a two-part series beginning in this issue (Issue 164) and concluding (tentatively) in the next (Issue 165). Three other procedural amendments concern the res judicata effect of a small claims judgment, the verification of pleadings in the court of claims, and the lis pendens. Because these three took effect immediately, they are also treated in this issue. An important change affecting real property actions in the district and city courts, which does not go into effect until January 1, 2006, will be treated in a later issue.

New Laws:

BASIC CHANGE IN PRACTICE IN CIVIL, DISTRICT, AND CITY COURTS: "FILING" SYSTEM ADOPTED; SUMMONS SERVICE NO LONGER DEEMED "COMMENCEMENT"

PART I

• Background
• Commencing Lower Court Cases, Introductory
• Commencing the Action
• Commencing a Special Proceeding
• Index Number and Cure for Omission
• Service and the Time for It
• CPLR 203 Time Extensions Become Academic

Other New Laws:

SMALL CLAIMS
Clarification Made of Res Judicata Impact of Small Claim

COURT OF CLAIMS PRACTICE
Amendment Requires State to Raise Claimant's Verification Defects as Defense

LIS PENDENS
Second Lis Pendens Okay in Foreclosure Action Even After Lapse of Earlier One