New York Civil Procedure

Topics

• Prima Facie Case Standards What constitutes a prima facie case in no-fault and personal injury actions has been defined and refined through dozens of appellate decisions. The standard varies by department and continues to evolve. 48 articles · 0 current · 0 reviewed
• Summary Judgment (CPLR 3212) Timing rules, burden-shifting frameworks, and the interplay between CPLR 3212(a) deadlines and various motion types are among the most litigated procedural issues in New York practice. 30 articles · 1 current · 0 reviewed
• Motion Practice, Reargument & Renewal Notice periods, briefing sequences, and the court's discretion to accept late papers under CPLR 2214 govern every motion filed in New York. The 16-7-1 day framework trips up even experienced practitioners. 27 articles · 3 current · 4 reviewed
• Default Judgments & Vacatur Law office failure, nonreceipt, default-judgment proof and notice, late answers and vacatur: historical case notes with current statutory references and 2026 decisions. 83 articles · 2 current · 31 reviewed
• Business Records & Hearsay (CPLR 4518) The business records exception to the hearsay rule is the evidentiary workhorse of insurance and collections litigation. Foundation requirements, certification under 4518(c), and incorporated third-party records dominate the case law. 44 articles · 0 current · 0 reviewed
• Affirmations & Affidavits (CPLR 2106, 2309) Affirmations after the 2024 and 2025 CPLR 2106 amendments, with historical notes on signer eligibility, notarization, conformity certificates and correcting defective papers. 49 articles · 2 current · 20 reviewed
• Expert Testimony & Qualifications Expert witness competency, the sufficiency of peer review reports, and Frye hearing standards determine whether medical and scientific evidence reaches the jury. 29 articles · 0 current · 2 reviewed
• Discovery, Depositions & Sanctions Case notes on disclosure under CPLR article 31: what is material and necessary, depositions, conditional orders and sanctions under CPLR 3126. 98 articles · 2 current · 0 reviewed
• Evidence & Trial Practice Case notes on proof at trial: admissibility, foundations, directed verdicts, post-trial motions and keeping a case on the calendar. 99 articles · 1 current · 4 reviewed
• Res Judicata & Collateral Estoppel Declaratory judgment actions in no-fault disputes, collateral estoppel between DJ actions and plenary suits, and master arbitration awards create a complex procedural framework. 19 articles · 1 current · 0 reviewed
• Statutes of Limitations Case notes on when a claim accrues and which limitations period applies. 14 articles · 2 current · 0 reviewed
• Jurisdiction, Venue & Service of Process Personal delivery, deliver-and-mail, nail-and-mail, and court-ordered alternative service each carry strict requirements. Defective service is a jurisdictional defect that can unwind years of litigation. 12 articles · 0 current · 0 reviewed
• Pleadings, Amendments & Irregularities (CPLR 2001) Missing motion papers, signature objections and caption errors, with the distinction between technical service defects and the absent summons in Nicholas (2026). 17 articles · 0 current · 5 reviewed
• Discontinuance, Severance & Consolidation Notice deadlines, court-ordered withdrawal and defense fees, with the 2025–2026 decisions distinguishing discontinuance from a reset of foreclosure limitations. 12 articles · 1 current · 0 reviewed

Everything else: Civil Procedure Notes (45 articles).

Newest articles

• Litigation Funding Disclosure in New York: What Lituma v. Liberty Coca-Cola Means for Both Bars — and for Injured Clients Jun 14, 2026

  A NY appellate court allowed defendants to discover third-party litigation funding in a personal injury suit. What Lituma means for both bars and claimants.

• CPLR § 2106 Amendment Eliminates Affidavit Notarization Requirement: What This Means for New York Litigation Feb 19, 2026

  New York's CPLR 2106 permits affirmations in place of many sworn documents. See the 2024 and 2025 changes, exceptions, and historical case notes.

• Wrongful Death Statute of Limitations Apr 15, 2025

  Learn about wrongful death statute of limitations in New York.

• Collateral Estoppel In New York No-Fault Cases Feb 14, 2025

  Discover how collateral estoppel affects NY no-fault claims and how new legal reforms protect your rights after a car accident.

• NY CPLR 2004: Extensions of Time — The New York Practitioner's Guide Dec 17, 2024

  CPLR 2004 deadline extensions in New York: good cause, late opposition, the Calderone decision, and limits on service, post-trial and appeal deadlines.