Chief Judge Cooke concluded that the signing of the contract, although an isolated incident in time, triggered an ongoing relationship between the defendant and a corporation of the state that allowed the court to properly exercise its jurisdiction over the defendant under CPLR
Basil>s, some of the members of CPLR
began to pass out flyers to people arriving for midnight Mass in the church.
The argument that Allstate pursued before the Court, and to which this passage responds, asserted that Rule 23 was inapplicable to the certification question presented in that case--that class actions were wholly unavailable in a suit asserting statutory damages under New York law because Rule 23 did not govern the question, leaving CPLR
[section] 901(b) to control.
section 3103(c) of the CPLR
, "if any disclosure under [Article 31
150)--a case that, like Shady Grove, involved a provision in, and then judicial interpretation of, New York's CPLR
5(a) (providing that motions shall be made on the eight-day notice period set by CPLR
As a concluding observation, we note that as CPLR
articles 50-A and 50-B reach their 15th anniversary, having generated a good deal of frustration and litigation, it would perhaps be an opportune time for the Legislature to review these enactment's to assure that, in actual operation, they are meeting their objectives and not--as submissions before us urge- egregiously overcompensation or under-compensating anyone.
With links to the full text of cases and essential treatise material like Weinstein, Korn & Miller's New York Civil Practice: CPLR
, CLS on Authority saves time and money by eliminating multiple searches and allows for more thorough research, according to the announcement.
sessions take place before the New York State Complete Bar Review Course and focus on the most heavily tested legal topics: negligence, contract formation, 1st Amendment, Homicide, Hearsay, landlord/tenant and New York CPLR
in addition to a specialized seminar designed to enhance essay writing skills which are crucial to passing the Bar Exam.
Moreover, [u]nder such an approach, disclosure turns on the extent to which some of the information sought is already accessible and not, as it should, on whether it is material and necessary to the prosecution or defense of an action [pursuant to CPLR
Taken to an extreme, the Bonie approach becomes indistinguishable from the normal threshold for production of evidence under CPLR
3101: "There shall be full disclosure of all matter material and necessary in the prosecution or defense of an action.
The Supreme Court granted State Farm's motion pursuant to CPLR
3211(a) to dismiss the complaint insofar as asserted against it.