New York Civil Practice
66 Pages Posted: 17 Nov 2008
Date Written: 1991
During the Survey year, the New York Court of Appeals issued important opinions with respect to strict compliance for service of process, the foreign object exception under CPLR 214-a, and disclosure against corporate employees. The Court also imposed sanctions for the first time under Part 130 of the Uniform rule, and ruled that issue preclusion could be given to a criminal conviction to preclude subsequent civil litigation. In addition the Court recognized that substituted service could be used against a criminal contemnor. New York appellate courts issued instructive decisions regarding long-arm jurisdiction, forum non conveniens, and discovery of surveillance videos. The Legislature also enacted amendments that affect General Municipal Law 205(e), preferences, Article 78, traverse hearings, court-annexed arbitration, defaults, health care proxies, and forfeiture. The Governor also signed legislation affecting notices of claim and statutes of limitation in wrongful death actions against a variety of public authorities. There were also several important federal decisions and federal legislation of which the New York bench and bar should be aware. The United States Supreme Court issued opinions pertaining to personal and subject matter jurisdiction.The Court also made important rulings with respect to venue, res judicata, discovery, and Rule 11 sanctions. The Court of Appeals for the Second Circuit adopted a uniform federal statute of limitations for private securities claims and clarified use of the sixty day service toll in federal courts. The court also analyzed what constitutes "doing business" under CPLR 301. Finally, on December 1, 1990, President Bush signed into law the Judicial Improvements Act of 1990. The Act implements recommendations of the Federal Courts Study Committee and changes practice in federal court in a number of important areas .There were also important developments regarding mandatory continuing legal education and mandatory pro bono.
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