Top Law Schools

Hey guys,

Can we list some easily avoided mistakes between fed civ pro and NYP, so we dont confuse them on test day? for example, im pretty sure nail and mail is improper in fed civ pro (unless the problem points out that it is OK in the state that it was done in!) but is ok in NYP. Thanks guys.

victortsoi wrote:Hey guys,

Can we list some easily avoided mistakes between fed civ pro and NYP, so we dont confuse them on test day? for example, im pretty sure nail and mail is improper in fed civ pro (unless the problem points out that it is OK in the state that it was done in!) but is ok in NYP. Thanks guys.

Great idea! You should collect them and add them to your original post, so they're all in one place.

(1) under CPLR, Nail and Mail is allowed as a last resort (after due diligence), but only allowed in fed court if the state in which the court sits or state where service is made allows it. Same goes for leave and mail, to the extent it differs from federal substituted service. In fed court, I think you have to leave service with at the D's usual abode with a suitable person. Under CPLR, I think you can leave at the D's place of business.

(2) Under FRCP, you waive a bunch of the 12(b) defenses if you don't raise them in your first response to the complaint. Under CPLR, the only ones you waive in this manner are lack of PJ, which includes improper service of process.

musicfor18 wrote:

victortsoi wrote:Hey guys,

Can we list some easily avoided mistakes between fed civ pro and NYP, so we dont confuse them on test day? for example, im pretty sure nail and mail is improper in fed civ pro (unless the problem points out that it is OK in the state that it was done in!) but is ok in NYP. Thanks guys.

Great idea! You should collect them and add them to your original post, so they're all in one place.

(1) under CPLR, Nail and Mail is allowed as a last resort (after due diligence), but only allowed in fed court if the state in which the court sits or state where service is made allows it. Same goes for leave and mail, to the extent it differs from federal substituted service. In fed court, I think you have to leave service with at the D's usual abode with a suitable person. Under CPLR, I think you can leave at the D's place of business.

(2) Under FRCP, you waive a bunch of the 12(b) defenses if you don't raise them in your first response to the complaint. Under CPLR, the only ones you waive in this manner are lack of PJ, which includes improper service of process.

improper service of process, improper venue are the others i think (are there more?) + lack of smj is always raised im sure.

Unrelated Crossclaims are allowed in nyp, in fed civ pro they have to be same t/o?