LIPSHIE_outline - New York Practice Class Notes Page 1 of...

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New York Practice Class Notes Page 1 of 101 NE W Y O R K P RACT I C E 1/22/04 Professor Lipshie Phone: (212) 806-5647 (call in the morning) Email: Bl i p s h i e @s tr o o c k .com 1/29 and 2/3 no class Why do w e l e a r n N Y p r oc e du r e? There is a significant minority cases in which it matters if a lawyer knows procedure. Where you win a case that you shouldn’t have won – what makes this difference is how you posture a case: settlements, discovery, motions, etc. It is important to know strategy – how do we undercut what the opposing party will do? C P LR : Sections and rules are the same thing. 80 rules. Comparing the CPLR to the federal rules: The federal rules are simpler than the CPLR. Client comes in a tells what happened – breach of K. They tell their story and then they leave. What should an attorney think about in terms of how to help the client? - Where can I sue? (Jur, venue, service issue) - What is the statute of limitations? Is it time-barred? No court may extend the statute of limitations. o If the claim is time-barred, can I think of a claim that isn’t time barred? - Who are the parties to the lawsuit? - Pleadings – how draft? Will a provisional remedy (injunction, attachment) work? What is the motion practice? Can you move for SJ? S tr u c t u r e o f t h e N ew Y o r k cou r ts : Supreme Court of New York is the highest trial court. It can hear everything – there is no limit. It is the general court of original jur (unlimited). The state is divided into 62 counties.
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This note was uploaded on 04/09/2008 for the course LAW nyprac taught by Professor Lipshie during the Spring '08 term at Wisconsin.

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LIPSHIE_outline - New York Practice Class Notes Page 1 of...

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