Dismissals, Defaults and Other Disasters in CPLR

Description:

Agenda: New York CLE

Do-it-yourself Law

• The Columbus Rule
• A Well-Settled Rule
• A Fundamental Condition

Forum Selection By Contract

• New York’s Indelible Ink
• It Works Both Ways

The CPLR – Warm, Cozy and Misleading

Liberal Construction

• CPLR 103
• CPLR 104
• CPLR 2001
• CPLR 2004
• CPLR 3025(b)
• CPLR 3026

The Lesson from Experience (the misleading part)

Rocks and Shoals

• CPLR 201
• CPLR 306-
• CPLR 2221(d)(3)
• CPLR 3012(b)
• CPLR 3126
• CPLR 3215
• CPLR 3216
• CPLR 3404
• 21 NYCRR 202.48
• 21NYCRR 130

So you crashed? Basic ways off the rocks

• CPLR 2005
• CPLR 3012(d)
• CPLR 5015(a)

The Cases―Cold Comfort

• Barasch and A&J Concrete and Ecclesiastes
• Fidelity & Deposit Co. v Arthur Anderson & Co,
• Cold Comfort
  
  • Need for showing merit
  • The Most Cited Civil Case in New York

A Court with Finite Forbearance

Lecturers:

• Richard Farrell

Richard Farrell

Professor Richard Farrell, a member of the faculty since 1964, is a leading authority on the New York Civil Practice Law and Rules and Evidence. He is the author of the latest edition of the preeminent New York evidence treatise Prince, Richardson on Evidence (11th ed. 1995, Cum. Supp. 1997-2002). He is also a frequent lecturer across the state for bar associations and trial lawyers programs speaking on evidence law. Professor Farrell has argued numerous appeals before the United States Supreme Court and New York's highest court, and was formerly the Reporter for the New York Pattern Jury Instructions Committee. He also served as a Law Clerk to Judge John Scileppi of the New York State Court of Appeals, and is currently co-authoring a history of the Court of Appeals.

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Dismissals, Defaults and Other Disasters in CPLR