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

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

Posted: 13 Oct 2011 Last revised: 14 Oct 2011

Patrick M. Connors

Albany Law School

Date Written: October 11, 2011

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).

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: https://ssrn.com/abstract=1942552

Patrick M. Connors (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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