Robert S. Kelner and Gail S. Kelner Stipulations Under CPLR 2104 in the Internet Era
The application of longstanding principles of law to new contexts has sometimes led to conflicting results. That is evident in a recent decision in which the First Department examined what constitutes a properly subscribed writing under CPLR 2104 so as to constitute a binding stipulation when it is transmitted in an email. In this edition of their Trial Practice column, Robert Kelner and Gail Kelner discuss the decision, which is at odds with the conclusion of the Second Department in an earlier decision.
July 26, 2021 at 12:00 PM
13 minute read
With the exploding use of the Internet, our legal system has evolved and adapted to the new technologies. These evolutionary modifications have clearly been accelerated by the pandemic and the temporary shutdown of our court systems, followed by the expanded use of the NYSCEF system for filing and service, and the concomitant diminished reliance upon paper. Many of these changes were already trending and merely put on fast forward by the pandemic.
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