When a Filing is Not a Filing
- Aug 20 2025
By: Jeffrey M. Haber On occasion, we examine procedural matters that have an impact on the substantive rights of the parties. In Richardson v. Beal, 2025 N.Y. Slip Op. 32804(U) (Sup. …
Posts Tagged ‘ CPLR ’
Update: Brown v. Cerebus Capital Management, L.P. General Releases, Fraud and The Difference Between Pleading Fraud Under the CPLR and The Federal Rules of Civil Procedure
- Jun 14 2019
On November 18, 2018, this Blog wrote about Brown v. Cerebus Capital Management, LP, 2018 N.Y. Slip Op. 32782 (Sup. Ct., N.Y. County Oct. 30, 2018) (here). Brown involved the …
Court Addresses Question Concerning the Filing of Papers and Proceedings Under the CPLR When the Last Day to File Falls on a Weekend or Holiday
- Mar 25 2019
A common issue for litigators concerns the computation of time for statute of limitations purposes, answers to pleadings, and responses to motions and discovery requests. In particular, what to do …
“Better Late Than Never” Argument Rejected by the Appellate Division First Department
- Oct 27 2017
CPLR § 306-b provides: Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause shall …
