What is NY CPLR?

The New York Civil Practice Law and Rules (CPLR) is chapter 8 of the Consolidated Laws of New York and governs legal procedure in the Unified Court System such as jurisdiction, venue, and pleadings, as well certain areas of substantive law such as the statute of limitations and joint and several liability The CPLR has …

What CPLR 215?

an action to recover damages for assault, battery, false imprisonment, malicious prosecution, libel, slander, false words causing special damages, or a violation of the right of privacy under section fifty-one of the civil rights law ; 4.

What is an Article 75 proceeding?

Article 75 – (Civil Practice Law & Rules) ARBITRATION. 7502 – Applications to the court; venue; statutes of limitation; provisional remedies. A special proceeding shall be used to bring before a court the first application arising out of an arbitrable controversy which is not made by motion in a pending action.

What CPLR 3126?

Pursuant to CPLR 3126, a court may impose discovery sanctions, including the striking of a pleading or preclusion of evidence, where a party ‘refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed.

Who can issue a subpoena in New York?

clerk of the court
Subpoenas may be issued without a court order by the clerk of the court, a judge where there is no clerk, the attorney general, an attorney of record for a party to an action, an administrative proceeding or an arbitration, an arbitrator, a referee, or any member of a board, commission or committee authorized by law to …

How do you cite a case in New York?

When citing to the New York Law Journal, practitioners include: (i) the case name; (ii) the abbreviation “N.Y.L.J.”; (iii) the date of the Journal; (iv) the first page in which the case appears preceded by “at”; (v) the column number; and (vi) court and date parenthetical, including the date of the decision.

What is an Article 78 proceeding New York?

What is an Article 78 Proceeding? In an Article 78 proceeding, you ask a state court to review a decision or action of a New York State official or administrative agency, such as a prison official or the Board of Parole, which you believe was unlawful.

How long do you have to file an Article 78?

within four months
Article 78 proceedings must generally be filed within four months of the date you receive the decision you want to appeal. Check with a lawyer as soon as you can to find out if your deadline is even shorter.

How long do you have to respond to a subpoena in New York?

The issuer of a trial subpoena must only provide three day’s notice, although a court can order a shorter period. Discovery subpoenas do not have a required timeframe, but the issuer generally provides a reasonable deadline, depending on the circumstances of the case — between twenty and thirty days is typical.

Who sends a subpoena?

A subpoena is a legal document issued by the Court at the request of a party to a case. A subpoena compels a person to produce documents or give evidence at a hearing or trial. There are three types of subpoena: a subpoena for production.