The Court of Appeals handed down numerous decisions in civil practice during its 2012-2013 term, with over 20 opinions addressing some important aspect of civil procedure. There were, of course, many holdings of importance to litigators, but there were also opinions relevant to transactional lawyers in several appeals involving application of the CPLR in contractual disputes. These decisions emphasize just how important knowledge of the rules of civil procedure can be to a transactional lawyer, who may never set foot in a courtroom.
Given space limitations, only a portion of the more significant holdings are addressed below, with an emphasis on those points that are most relevant to everyday practice. Readers searching for a discussion of the other relevant opinions rendered during the 2012-2013 term will want to review the biannual supplements to Siegel, New York Practice (July 2013 Supplement; January 2014 Supplement [forthcoming]).
Default Judgment Sticks
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