Plaintiff moved under CPLR
4404 (a) to set aside the verdict and for judgment as a matter of law or in the alternative to set aside the verdict as against the weight of the evidence or in the interest of justice and for a new trial.
3211(e)--titled "Number, time and waiver of objections; motion to plead over"--indicates that "[a]t any time before service of the responsive pleading is required, a party may move on one or more of the grounds set forth in subdivision (a), and no more than one such motion shall be permitted." (109) The relevant portions of CPLR
3211(a), which have a direct relation to the issue presented in Mastropaolo and other mortgage foreclosure actions which implement standing as a waived defense, state:
Basil>s, some of the members of CPLR
began to pass out flyers to people arriving for midnight Mass in the church.
(38) This provision in CPLR
[section] 3122 ensures that
From a plaintiff's perspective, default judgments are a "desired commodity" primarily "because they provide parties with the spoils of successful litigation without the hassle of actually litigating controversies." (216) Under CPLR
section 3215, if a defendant fails to appear or defaults in some other manner, (217) the plaintiff may apply for a default judgment.
To develop together with the CPLR
(the Permanent Lutheran-Reformed Council) a consultation process on representation at external and international meetings, in order to develop a simplified system of representation.
Rather than award lump-sum damages, the Civil Practice Law Rules (CPLR
) require juries that award for pain and suffering to itemize awards.
Determining how to obtain that preference and expedited briefing schedule can often be difficult because New York's roles of civil procedure (the CPLR
) provide only that "[p]references in the hearing of an appeal may be granted in the discretion of the court to which the appeal is taken." (2) The statutory roles provide no guidance about how to seek a preference or what an application for a preference must show to be successful.
All damage awards in excess of $250,000 must be structured by the judge under the guidelines of Civil Practice Law & Rules (CPLR
) Articles 50(a) (CPLR
5031-5039) in 1985(5) and 50(b) (CPLR
5041-5049) in 1986.(6) Since articles 50-A and 50-B are identical in language, we will refer to them as 50-B for the remainder of this paper
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.
In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court denying defendant's motion to strike the complaint and dismiss the action pursuant to CPLR
01962 (4th Dep't 2019), the Appellate Division, Fourth Department clarified what is an appealable order as of right versus when a party appeals from a final judgment pursuant to CPLR