What CPLR 3212?
A motion for summary judgment, in which the moving party has demonstrated that the action, claim, cross claim or counterclaim subject to the motion is an action in which a notice of claim must be served on a licensed architect, engineer, land surveyor or landscape architect pursuant to the provisions of subdivision one …
What CPLR 3126?
A court may dismiss an action if the plaintiff “willfully fails to disclose information which the court finds ought to have been disclosed” (CPLR 3126).
What is CPLR 3211 A?
In New York state court, where the Civil Practice Law and Rules (CPLR) offers more flexibility than the Federal Rules of Civil Procedure, CPLR 3211(a)(1) permits a defendant to introduce on a motion to dismiss documents that “utterly refute” allegations in a complaint, but it is not boundless.
When can a motion for summary judgment be filed New York?
within 120 days
CPLR 3212(a) provides that a summary judgment motion must be “made” within 120 days. Under CPLR 2211, a motion is made when it is served (not when it is filed). Therefore, counsel must serve the motion within the applicable deadline (Hamilton v.
Are draft expert reports discoverable in New York?
In New York practice, written communications between a testifying expert and an attorney are potentially discoverable if the expert is subpoenaed.
What is a motion for summary judgment NY?
In New York, a summary judgment motion is made when the notice of motion or order to show cause is served on the other parties and not when the motion is filed.
What CPLR 3124?
CPLR 3124: Failure to disclose; motion to compel.
How do you stay in arbitration in New York?
An application to stay arbitration must be made by the party served within twenty days after service upon him of the notice or demand, or he shall be so precluded. Notice of such application shall be served in the same manner as a summons or by registered or certified mail, return receipt requested.
What is collateral estoppel law?
Once a court has made a final judgment on a particular issue, the doctrine of collateral estoppel, or “issue preclusion,” states that the issue cannot be raised again. The effect of this doctrine is not necessarily limited to the parties involved in the lawsuit that resulted in the final judgment.
Are expert reports admissible?
To be admissible either at trial or on summary judgment, an expert report must satisfy the requirements of Rule 26(a)(2)(B), and the opinions and conclusions contained in the report must be admissible under Rule 702 of the Federal Rules of Evidence, which governs the admissibility of expert testimony.
Can a former client be an expert witness?
Former clients of the lawyer can object to the lawyer serving as an expert witness or providing testimony because of the knowledge that this legal professional will have when working with the other side.
What is the note of issue?
This document is called a “Note of Issue.” It’s a document that lets the court know that all discovery is complete. It’s a way for the court to know that the lawsuit is technically ready for trial. Once your attorney prepares and files a “Note of Issue” your case will sit on the trial calendar for many months.