There are few subjects in civil procedure more basic than pleading, a topic covered in every first-year law school curriculum. An error in this realm can prove deadly, however, and render the most meritorious of claims and defenses irrelevant. Quite simply, if a pleading is defective, it may prevent the party from ultimately proving the strengths of her claims or defenses.
In our previous column appearing in this space on Jan. 20, titled “Courts Reconsider Rule Permitting Use of Affidavits on CPLR 3211(a)(7) Motion,” we stressed that the careful plaintiff’s lawyer will always have some checklist at the ready to ensure that every complaint generated by her office contains all of the elements of any alleged cause of action. In our continued commitment to being fair and balanced, the primary focus in this column will be on the defendant’s drafting of the answer so as to properly plead all relevant affirmative defenses.
Pleading Under the CPLR
This content has been archived.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]
