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New York Practice, 5th (Practitioner Treatise Series)

Product details:

Format: Book - hardbound
Brand: Thomson West
Copyright: 2011-2016
Service #: 16516196
Sub #: 16516199
Pages: 1780
Publication frequency: Biannually
Update method: Pocket parts

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New York Practice, 5th (Practitioner Treatise Series)



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Purchase the current version only, no updates will be sent.

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New York Practice, 5th is a source of authority and review of significant aspects of the law, including developments in pretrial disclosure and discovery, subpoenas and their service, arbitration, malpractice actions against lawyers and other professionals, emerging issues of service, long-arm jurisdiction, and more. This volume discusses the similarities and differences between state and federal practices, as well as principles, rules, and exceptions.

The author's unique style gives you best practices for New York civil procedure, with succinct legal analysis, practice tips and strategies, and carefully culled citations to New York and federal authority for each topic. Topics discussed include:

  • Statute of limitations
  • Personal jurisdiction and parties
  • Appearance and venue
  • Papers and pleadings
  • Motions practice
  • Accelerated judgment and remedies
  • The trial
  • Enforcement of judgments and appeals
  • Small claims and arbitration
This extensive guide also addresses the adoption of the filing system for commencing actions in supreme and county courts, and amended disclosure provisions.

New features and recent developments discussed in the July 2015 Pocket Part include:

  • 2015 amendment to CPLR 2106 (“Affirmation of truth of statement”), allowing those outside the United States to affirm under penalties of perjury (§ 205)
  • 2015 amendments to CPLR 3216 (“Want of Prosecution”) to address several concerns arising after Court of Appeals 2011 decision in Cadichon (§ 356)
  • 2014 amendment to CPLR 2214 (“Motion papers; service; time), permitting mere reference to previously filed papers in e-filed actions (§ 246)
  • 2104 amendment to CPLR 3113 (“Conduct of the [deposition]”), legislatively overruling Fourth Department caselaw by permitting lawyer for non-party deponent to fully participate at deposition (§ 356)
  • Analysis of new Uniform Rules addressing default judgment applications in consumer credit cases (§ 295)
  • Analysis of new Uniform Rule requiring the redaction of certain confidential personal information from court filings (§ 201)
  • Analysis of Court of Appeals' recent decision addressing the “separate entity” rule governing the enforcement of judgments (§ 487)
  • Analysis of two recent Court of Appeals' rulings addressing the continuous representation doctrine in legal malpractice cases (§ 42)
  • Analysis of Court of Appeals' recent decision addressing the application of long arm jurisdiction in medical malpractice actions (§86)
  • Analysis of Court of Appeals decision addressing appealability and reviewability (§§ 527, 529)
  • Discussion of status of mandatory and consensual e-filing (§ 63)
  • Recent caselaw addressing a party's obligation to establish “good cause” for an untimely summary judgment motion (§ 279)
  • Much more!