What does Cplr stand for New York?
New York State Civil Practice Law and Rules
The abbreviation “CPLR” means the New York State Civil Practice Law and Rules.
What CPLR 2106?
CPLR § 2106 provides that a declaration affirmed under penalty of perjury, when made by an attorney at law or by certain specified medical professionals, may be “served or filed” in a civil action “in lieu of and with the same force and effect as an affidavit.”
Can a New York attorney certify documents?
Where a certified copy of a paper is required by law, an attorney admitted to practice in the courts of the state may certify that it has been compared by him with the original and found to be a true and complete copy. Such a certificate, when subscribed by such attorney, has the same effect as if made by a clerk.
What CPLR 509?
NY CPLR § 509. Notwithstanding any provision of this article, the place of trial of an action shall be in the county designated by the plaintiff, unless the place of trial is changed to another county by order upon motion, or by consent as provided in subdivision (b) of rule 511 .
What CPLR 3126?
Pursuant to CPLR 3126, a court may impose discovery sanctions, including the striking of a pleading or preclusion of evidence, where a party ‘refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed.
What CPLR 5015?
5015(a)(1)(2)(3) M Bank v Crespo, 2020 NY Slip Op 01608 [2d Dept. 2020] “CPLR 5015(a) authorizes a court to relieve a party from an order or judgment, on motion, based on the existence of specified grounds[, including]: . . .
Who is authorized to administer oaths in NY?
§ 2309. Oaths and affirmations. (a) Persons authorized to administer. Unless otherwise provided, an oath or affirmation may be administered by any person authorized to take acknowledgments of deeds by the real property law.
Can attorneys certify documents?
Alternatively, you can have copies certified at the following places: Lawyers or notary public (who are members of a recognised professional body) Actuaries or accountants (who are members of a recognised professional body) Members of the judiciary.
Can lawyers attest documents?
Advocate/Lawyer has no authority to attest the documents like as a gazetted officer. Only Advocate Notary has such power of attestation. 2. Advocate can plead/argue in the court for his/her own case in person but not in a capacity of an advocate.
What CPLR 1602?
CPLR 1602(2)(iv) operates as a savings provision to ensure that a defendant with a nondelegable duty or a duty to compensate based on the doctrine of respondeat superior remains vicariously liable for the negligent act of its delegate or employee.
What is a motion to preclude?
Motions to preclude evidence of lost wages damages where an employee voluntarily resigned from employment or failed to mitigate his or her damages; Motions to preclude treating physicians from testifying as to medical opinions or diagnoses unless they are properly certified as expert witnesses; and.
How do I vacate a default Judgement in NY?
In order to vacate, set aside, or remove a default judgment in New York, you must make a motion to the court in which the judgment was entered. The motion will contain a specific request for the court to vacate the judgment and return monies taken to satisfy the judgment.