The word “glitch,” may have entered common usage during the early space program,1 and it usually means a minor or technical malfunction in a computer or electronic system.2 The New York State Courts Electronic Filing System (NYSCEF) allows for the commencement of actions or proceedings over the Internet, and glitches would appear to be inevitable. If we are to describe such missteps in the commencement process, “glitch” has a much nicer ring to it than “nonwaivable jurisdictional defect.”
The Appellate Division, Second Department, recently found “glitches associated with the initiation of the new e-filing system,” responsible for a plaintiff’s commencement problem and permitted correction of the error pursuant to CPLR 2001. CPLR 2001 defines such minor (meaning correctable) issues as mistakes, omissions, defects or irregularities, and in Grskovic v. Holmes3 the court applied CPLR 2001 to forgive, nunc pro tunc, a pretty significant commencement by e-filing mistake.
Timing of Filing
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
