Two CPLR Devices Worth Remembering
This month, Katryna Kristoferson and David Horowitz visit two lesser-known and used CPLR devices: the summons with notice and a motion for pre-action disclosure. This column is joined by Justice Barbara Jaffe (Ret.), who writes on the summons with notice, including an interesting experience she encountered with the device while on the bench. Katryna then takes the laboring oar and writes on pre-action disclosure.
January 17, 2024 at 10:18 AM
13 minute read
(L-R)Katryna L. Kristoferson and David Paul Horowitz of the Law Offices of David Paul Horowitz. Courtesy photos
Practical New York Practice™
This month we visit two lesser-known and used CPLR devices: The summons with notice and a motion for pre-action disclosure. We are fortunate to be joined this month by Justice Barbara Jaffe (Ret.), who writes on the summons with notice, including an interesting experience she encountered with the device while on the bench. Katryna then takes the laboring oar and writes on pre-action disclosure. Together, they craft a useful guide to two useful procedural tools.
The Summons With Notice (CPLR 305[b]): A Handy Device To Avoid Being Time-Barred
When Time Is Short?
Have you ever suddenly realized that an action you have yet to commence will soon be time-barred? As the hairs stand up on the back of your neck, you wonder what to do when time does not permit you to do all you need to do to draft an adequate complaint. What, me, worry? Nah, just file that "highly useful device" known as a summons with notice. It halts the running of any limitation period and affords time to draft a complaint the length of "War and Peace".
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