NewYork Practice Bible

NewYork Practice Bible - New York Practice Class Notes Page...

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New York Practice Class Notes Page 1 of 101 NEW YORK PRACTICE 1/22/04 Professor Lipshie Phone: (212) 806-5647 (call in the morning) Email: Blipshie@stroock.com 1/29 and 2/3 no class Why do we learn NY procedure? 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? CPLR : 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? Structure of the New York courts: 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. Each one has a Supreme Court. Justices are elected Courts of limited jur: Civil Court of the City of NY . Up to 25K. All landlord/tenant cases are in the civil court. Elected. The mayor fills vacancies. Only actions at law. County Court . Not in NYC. Elected. District Court – Nassau and Suffolk – 15K. Elected. Surrogates court – issues dealing with estates. Elected. Family court : Elected. Only appointed in NYC. Court of claims : damage actions against the state. Can’t be heard by SCNY. Village courts, town courts, etc. There is also a court called the appellate term court . Only exists in first and second depts. This is made up of sitting Supreme Court justices. It hears appeals from the civil court of the city of NY, district courts of Nassau and Suffolk and some of the village courts in Westchester. Appellate Division: Intermediate Level 4 judicial departments: 1 st departments : hears appeals from courts in Manhattan (NY County) and Bronx County.
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New York Practice Class Notes Page 2 of 101 2 nd department : Brooklyn, Queens, Long Island, Westchester 3 rd department : Albany. North eastern counties of state 4 th department : Rochester. North western counties. -
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NewYork Practice Bible - New York Practice Class Notes Page...

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