All Articles tagged CPLR

• New York Appeals
  September 04, 2024 EDT
  TEN YEARS LATER: FURTHER SUBSTANTIAL DEVIATION BY APPELLATE COURTS IN APPLYING THE “DEVIATES MATERIALLY” STANDARD OF REVIEW
  Richard J. MontesKathryn M. BeerAlexis Sarnicola

  This Article examines increases in pain and suffering awards in burn, brain damage, and asbestos cases and the inconsistency with which the "deviates materially" standard is applied under CPLR 5501(c).

• New York Appeals
  September 07, 2022 EDT
  Drunk Driving and the Application of the Barker/Manning Public Policy Defense
  Steven V DeBraccio

  This Article explores the history of the defense, case developments, a brief history of drunk driving laws, a case study and hypothetical the Court of Appeals has yet to answer.

• New York Appeals
  September 16, 2020 EDT
  CONTRACTING AROUND CPLR 202: “ACCRUAL” BORROWING STATUTE IN NEW YORK PRACTICE AND WHY ITS CURRENT APPLICATION IS UNWORKABLE
  Benjamin J. Wisher

  This note argues that the current application of CPLR 202, New York's borrowing statute, is unworkable and courts need to approach this issue differently.

• New York Appeals
  September 13, 2019 EDT
  SEA CHANGE: NEW YORK STATE CLASS ACTIONS: MAKING IT WORK, FULFILLING THE PROMISE: PART III
  Thomas A. Dickerson

  This is the third installment of the ongoing analysis of New York class actions brought pursuant to CPLR article 9.

• New York Appeals
  October 12, 2018 EDT
  THE NEW YORK STATE BAR ASSOCIATION’S PROPOSED AMENDMENT TO CPLR 5501: A NON-SOLUTION TO A NON-PROBLEM
  Michael J. Nolan

  This article argues that the proposed amendment ot CPLR 5501 is both unnecessary and unwise.

• Justice Commentaries
  November 08, 2017 EDT
  THE MYTH OF LIBERTY AND JUSTICE FOR ALL: GUARDIANSHIP IN NEW YORK STATE
  Jennifer J. Monthie

  This article examines the claims asserted in Disability Rights New York v. New York, comparing the substantive and procedural aspects of New York’s systems for appointing guardians.

• New York Appeals
  May 05, 2017 EDT
  PATERNO V. LASER SPINE INSTITUTE: DID THE NEW YORK COURT OF APPEALS’ MISAPPLICATION OF UNJUSTIFIED POLICY FEARS LEAD TO A MISCARRIAGE OF JUSTICE AND THE CREATION OF INADEQUATE PRECEDENT FOR THE PROPER USE OF THE EMPIRE STATE’S LONG-ARM STATUTE?
  Jay C. CarlisleChristine MurphyKiersten SchramekMarley Strauss

  This article discusses CPLR section 302(a)(1) as applied by the New York State Court of Appeals in Paterno v. Laser Spine Institute.

• General
  March 23, 2015 EDT
  MENTOR TO THE PROFESSION: DAVID D. SIEGEL
  George F. Carpinello

  Trbute to David Siegel.

• New York Appeals
  February 13, 2015 EDT
  NOREX V. BLAVATNIK—HOW THE COURT OF APPEALS “BORROWED” FIRST AND“SAVED” LATER
  Peter McGowanIsaac S. Greaney

  This article will review the statutory text and case law related to CPLR section 202 and CPLR section 205(a) and analyze whether the Court of Appeals’ decision in Norex truly...

• State Constitutional Commentary
  January 05, 2015 EDT
  CRITIQUE OF MONEY JUDGMENT PART THREE: RESTRAINING NOTICES
  David Gray Carlson

  This article concludes that Verizon exposes serious weaknesses in the New York law of money judgment collection.

• New York Appeals
  January 01, 2014 EDT
  CPLR ARTICLE 78 PROCEEDINGS AND INTERLOCUTORY APPEALS DURING AN ARTICLE 78 PROCEEDING
  Joseph F. Castiglione

  This article discusses the nature and purpose of the CPLR Article 78 special proceeding, and the limited circumstances for appealing interlocutory orders made in an Article 78 proceeding.

• New York Appeals
  January 01, 2014 EDT
  NEW YORK STATE CLASS ACTIONS: MAKING IT WORK–FULFILLING THE PROMISE: SOME RECENT POSITIVE DEVELOPMENTS AND WHY CPLR 901(B) SHOULD BE REPEALED
  Thomas A. DickersonLeonard B. AustinBrian Zucco

  Since "Make It Work" was published there have been several positive developments in how New York state courts interpreted and implemented CPLR Article 9.

• New York Appeals
  January 01, 2014 EDT
  SEEKING JUSTICE IN THE EMPIRE STATE: COURT OF APPEALS BROADENS THE REACH OF LONG ARM JURISDICTION AND CLARIFIES THE STATUTORY GUIDELINES FOR APPLICATION OF CPLR SECTION 302(A)(1)
  Jay C. Carlisle

  This article discusses long-arm jurisdiction under CPLR section 302(a)(1) and analyzes the recent New York State Court of Appeals decision in Licci ex rel. Licci v. Lebanese Canadian Bank, SAL.

• New York Appeals
  March 03, 2013 EDT
  UNSETTLED TIMES MAKEWELL-SETTLED LAW: RECENT DEVELOPMENTS IN NEW YORK STATE‘S RESIDENTIAL MORTGAGE FORECLOSURE STATUTES AND CASE LAW
  Mark C. Dillon

  This article summarizes the state of residential foreclosure law in New York, focusing on the homeowner protection statutes passed after the 2008 housing crisis.

• New York Appeals
  March 03, 2012 EDT
  ALL IS NOT FORGIVEN—THE APPLICATION OF CPLR 2001 TO MENDON PONDS DEFECTS
  Peter McGowan

  This Article reviews courts‘ application of CPLR 2001, as amended, in the context of commencement time errors, which may occur when filing an action or when serving process.

• New York Appeals
  March 03, 2012 EDT
  WHAT DOES IT MEAN IF YOUR APPEAL AS OF RIGHT LACKS A SUBSTANTIAL CONSTITUTIONAL QUESTION IN THE NEW YORK COURT OF APPEALS?
  Alan J. Pierce

  This article discusses the important debate of the crucial ground for an appeal as of right to the Court of Appeals when there is a substantial constitutional question.

• State Constitutional Commentary
  November 11, 2011 EDT
  SHADY GROVE: DUCK-RABBITS, CLEAR STATEMENTS, AND FEDERALISM
  Helen Hershkoff

  This essay examines the use of clear statement rules in diversity cases where the federal court must ascertain the scope of an applicable state law.

• New York Appeals
  March 03, 2011 EDT
  A PREVAILING PARTY CAN STILL BE A “SORE” WINNER ON APPEAL UNDER CPLR 5501(A)(1); RAISING ALTERNATIVE ARGUMENTS THAT NECESSARILY AFFECT THE FINAL JUDGEMENT TO ENSURE WINNING ON APPEAL
  Joseph F. Castiglione

  This article discusses the necessary "aggrievement" to be entitled to raise issues on appeal and the circumstances in which a prevailing party can assert errors that "necessarily affect" the judgment.

• New York Appeals
  March 03, 2011 EDT
  PLEADING FRAUD IN NEW YORK: CPLR 3016(B)'S HEIGHTENED PLEADING STANDARD AND WHY IT’S IMPORTANT
  James G. CavoliMatthew J. Laroche

  This article reviews the current state of the law regarding CPLR 3016(b).

• New York Appeals
  March 03, 2011 EDT
  NEW YORK STATE CLASS ACTIONS: MAKE IT WORK-FULFILL THE PROMISE
  Thomas A. Dickerson

  The purpose of this article is to demonstrate that New York's class action statute, Article 9 of the CPLR, is underutilized and has been during its entire thirty-five-year history.

• New York Appeals
  March 03, 2011 EDT
  A PRACTIONER’S CONTINUED UNCERTAINTY: DISCLOSURE FROM NONPARTIES
  David L. Ferstendig

  This article discusses the various standards used by the Departments of the Appellate Division regarding disclosure from a non-party.

• General
  January 01, 2010 EDT
  THE EXTRAPOLATION OF DEFENDANTS’ LIABILITIES UNDER CPLR ARTICLE 16 WHERE THE PLAINTIFF IS CONTRIBUTORILY NEGLIGENT: AN UPDATE TOWARD RESOLVING A PERCEIVED AMBIGUITY OF CPLR 1601
  Mark C. Dillon

  This article considers whether, under CPLR 1601, the percentage of contributory negligence assessed against the plaintiff is to be included within, or deducted from, the total assigned liability.

• General
  January 01, 2010 EDT
  CPLR 3211(A)(7): DEMURRER OR MERITS-TESTING DEVICE?
  John R. Higgitt

  This article reviews the law prior to CPLR 3211 and the legislative history of that statute and provides a picture of the current state of the law on this subject.

• General
  March 03, 2009 EDT
  A TRIBUTE TO DAVID D. SIEGEL
  George Carpinello

  This essay is a tribute to Professor Siegel and his contributions to New York civil practice.

• General
  March 03, 2009 EDT
  CPLR 3126 CONDITIONAL ORDERS REQUIRING DISCLOSURE“CAN’T GET NO RESPECT”
  Patrick M. Connors

  This article examines the events in litigation that typically result in a CPLR 3126 conditional order requiring disclosure.