SPR - January 1999 Headlines & Topics


JANUARY 1999

Overview of topics...

Lead Note:

ANOTHER DIMENSION TO THE HENRY CASE: WHAT TOLL FOR INFANCY IF THE PARENTS ARE NOT PROPERLY REPRESENTING THE INFANT'S INTERESTS?

Tracking the New Laws:

Failure to File Proof of Service in Lower Courts Not Jurisdictional, as It Was in Supreme Court
Meritoriousness of Late Summmary Judgment Motion Can't Excuse Lateness in Moving

General Practice:

Conflict on Whether D Can Depose P Before Handing Over Surveillance Tapes
Late "Renewal" of Motion Granted Because Facts Not Learned of Until Electronic Data System Installed
What Service in Summary Proceeding Suffices to Secure Rent Judgment as Well as Repossession?

Backlog Items:

Marital Home Remains Okay for Service Even If Debtor Sometimes Temporarily Resides Elsewhere
Failure to Move for Directed Verdict Concedes Case Is for Jury
Additional Issues as Barring Use of CPLR 3213 Motion for Action on Note
App Div Refuses Penalty for Violating 60-Day "Entry" Rule; Nunc Pro Tunc Entry Directed

Open Citations:

Dimovich (Issue 78:1): 248 A.D.2d 951.
Abrahami (78:3): 248 A.D.2d 272.
Kelly (76:2): 178 Misc.2d 176, 678 N.Y.S.2d 708.
Chin (76:2): 248 A.D.2d 235.
B.U.D. (76:3): 248 A.D.2d 856.
Valdez (72:3): 248 A.D.2d 707.

ARTICLE HEADLINES

FEATURE ARTICLE:
ANOTHER DIMENSION TO THE HENRY CASE: WHAT TOLL FOR INFANCY IF THE PARENTS ARE NOT PROPERLY REPRESENTING THE INFANT'S INTERESTS?

TRACKING THE NEW LAWS

"FAILURE TO FILE":
Failure to File Proof of Service in Lower Courts Is Not Jurisdictional, as It Was in Supreme Court Until Recently

TIME LIMIT ON SUMMARY JUDGMENT:
Court Holds That Mere Demonstration That Summary Judgment Motion Has Merit Does Not Excuse Delay and Allow Late Motion

GENERAL PRACTICE

SURVEILLANCE TAPES:
Conflict Develops on Whether P Must Depose Before Being Entitled to D's Surveillance Tapes

ELECTRONIC DATA AS RENEWAL BASIS:
Court Excuses Delay in Furnishing New Evidence on Old Motion on Ground It Was Only Learned of Through New Electronic Data Subscription

SUMMARY PROCEEDINGS:
Justice Court Discusses Barriers to Rent Judgments When Service in the Proceeding Is Made by Other Than Personal Delivery

BACKLOG ITEMS

USUAL PLACE OF ABODE:
If Trial Separation Is for Unspecified Time, Marital Residence Remains "Usual Place of Abode" for Service Purposes

PRO FORMA MOTION STILL NEEDED:
Failure to Move for Directed Verdict on Liability Concedes There's Issue of Fact

CPLR 3213 MOTION/ACTION:
Need for "De Minimis" Additional Showing Doesn't Bar Use of CPLR 3213 Motion/Action on Money Instrument

60-DAY ENTRY RULE:
Winning D's Failure to Settle Judgment Cured with Nunc Pro Tunc Order; "Abandonment" Not Imposed