Abstract

http://ssrn.com/abstract=1942552
 


 



Two Informative Opinions on ‘Forgiveness’ Statute, Among Other Rulings from the New York Court of Appeals


Patrick M. Connors


Albany Law School

October 11, 2011

New York Law Journal: Special Section: Court of Appeals the Year in Review, Vol. 246, No. 36, August 22, 2011
Albany Law School Research Paper No. 26 of 2011-2012

Abstract:     
This article discusses several important procedural decisions handed down by the New York Court of Appeals during its 2010-2011 term. The piece includes discussion of three cases addressing important provisions in the CPLR, including:

CPLR 2001 (Mistakes, omission defects and irregularities), which was at issue in Goldenberg v. Westchester, 16 N.Y.3d 323 (2011) (dismissing medical malpractice action for failing to purchase an index number prior to serving summons and complaint);

CPLR 321 (Attorneys), at issue in Moray v. Koven & Krause, Esqs., 15 N.Y.3d 384 (2010) (finding that an action is automatically stayed where plaintiff’s attorney is suspended from the practice of law and opposing party failed to serve notice to appoint new counsel); and

CPLR 3126 (Penalties for Failing to Disclose-Conditional Orders), at issue in Gibbs v. St. Barnabas Hosp., 16 N.Y.3d 74 (2010) (overturning Appellate Division’s ruling that bill of particulars served 75 days late in violation of a conditional order was not grounds for granting summary judgment for defendant).

Accepted Paper Series


Not Available For Download

Date posted: October 13, 2011 ; Last revised: October 14, 2011

Suggested Citation

Connors, Patrick M., Two Informative Opinions on ‘Forgiveness’ Statute, Among Other Rulings from the New York Court of Appeals (October 11, 2011). New York Law Journal: Special Section: Court of Appeals the Year in Review, Vol. 246, No. 36, August 22, 2011; Albany Law School Research Paper No. 26 of 2011-2012. Available at SSRN: http://ssrn.com/abstract=1942552

Contact Information

Patrick M. Connors (Contact Author)
Albany Law School ( email )
80 New Scotland Avenue
Albany, NY 12208
United States
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