COMMITTEE ON CIVIL PRACTICE LAW AND RULES
MINUTES OF THE MAY 30, 2000 TELEPHONIC MEETING

MEETING called to order at 12:45 p.m.

PRESENT: Steven M. Critelli, Chair, Sharon Stern Gerstman, Vice Chair, Kim Juhase, Secretary, Paul Aloe, Raymond James N. Blair, Maurice Chayt, Steven Curvin, Michael Greenspan, David B. Hamm, Richard Laudor, Michael Stallman, Gail Nackley Uebelhoer, Matthew Wagner.

Bill [S03398/A07679] to amend Judiciary Law �2-b- Paul Aloe reported. This is an original bill from the OCA. It would allow the subpoena to be served outside of New York State on a party to an action. Paul felt that the problem with this bill is fundamental. It is probably unconstitutional. The U.S. Supreme Court has never upheld the service of a subpoena outside a state's boundaries. Secondly, if you obtain a default judgment against a person in New York, you still have to go back to his home state to enforce it. The New York State Constitution is worded the same as the current Judiciary Law and they are not seeking to amend the constitution. Another problem is that it may cause undue hardship in requiring an out of state defendant to appear frequently in New York under compulsion.

Steve Curvin pointed out that under Article 31, a protective order could be obtained and costs could be taxed.

It was pointed out that a person might have a small property damage case in Alabama and decide, after he appears, that he does not want to fight the case any longer. Under the proposed law, if in effect in Alabama, this defendant could be forced to go to Alabama whether he wanted to or not.

It was agreed that Paul would issue a report representing the consensus that the committee disapprove the bill. [See Report No. 130 (Aloe) issued on June 5, 2000.]   

The meeting was then adjourned.

Kim Steven Juhase, Secretary