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