Preliminary Sections

• Author: Michael H. Barr/Burton N. Lipshie/Sharon Stern Gerstman
• Pages: 1-54

HIGHLIGHTS

The latest edition of New York Civil Practice before Trial updates more than 150

sections and adds over 200 recent cases. Topics addressed include:

Statutes of Limitation (Chapter 3)

• Court provides relief from electronic filing error. §3:73

• Distinguishing between medical malpractice and negligence under “nature

of the duty” test. §3:182

• Distinguishing between a “fixation device” and a “surgical device.” §3:433

• CPLR 205(a) trumps Borrowing Statute. §3:592

Personal Jurisdiction (Chapter 7)

• Is New York domicile necessary for general jurisdiction over an individual? §7:61

• General jurisdiction over foreign corporations authorized to do business in New York survives Daimler.§7:81

Summons and Service of Process (Chapter 9)

• Service of “misnomer” summons did not fairly apprise party that is was intended defendant. §9:113

• Who is a school officer for service of process on a school district? §9:585

Parties (Chapter 14)

• Action commenced after death of prospective defendant is a nullity. §14:355

• Class actions under statutes providing for penalties or treble damages. 14:710

Pleadings (Chapter 15)

• Format requirements for all court-filed papers. §15:20

• When the clerk’s office can refuse to accept papers for filing. §15:25

Motion Practice (Chapter 16)

• Affiants outside of the US and its territories may provide an affirmation instead of an affidavit. §16.61.2

All Discovery (Chapter 24)

• Discovery of content on social networking sites. §24:20

• Test for when subpoenas to nonparties will be upheld. §24:100

Depositions (Chapter 27)

• Deposition limitations imposed by Commercial Division Rule 11d. §27:02

• Right of a nonparty deponent’s counsel to object during a deposition. §27:367

Interrogatories (Chapter 29)

• Limitations on interrogatories imposed by Commercial Division Rule 11a. §29:200

• Spit among the Appellate Divisions as to the information required to be produced regarding an expert’s

identity. §29:215

Motions to Dismiss (Chapter 36)

• General Obligations Law §5-1402 does not supersede Business Corporation Law §1312. §36:200

• Absence of conditions may be error when court grants forum non conveniens dismissal. §36:524

Summary Judgment (Chapter 37)

• CPLR 3212 amended to provide that court may not decline to consider an expert affidavit on grounds of

failure to provide expert disclosure. §37:253

AND MORE!

NEW YORK CIVIL PRACTICE BEFORE TRIAL

BY MICHAEL H. BARR, BURTON N. LIPSHIE AND

SHARON STERN GERSTMAN

View, download, and

use forms ONLINE!

Digital Access

We’re replacing CDs with

something better. See Digital Ac-

cess Guide to learn more

We Welcome Your Feedback

Our most useful source of improvements is feedback from our subscribers, so if you have any

comments, we would love to hear from you.

Revision Editor

James Publishing, Inc.

3505 Cadillac Avenue, Suite P-101

Costa Mesa, California 92626

Visit us on the Internet at www.jamespublishing.com.

Digital Access Guide

Included with your copy is  access to all its forms, a bonus added to this publication at no

additional cost to you.

In order to give you instant, on-the-go access to our unbeatable legal resources, we are replacing CDs

with an online portal: your one-stop source for aﾉﾉ forms";ﾐS"graphics included with this James

Publishing title.

Getting Started Is Easy

Simply follow these directions to obtain your unique username and password, and you’re set!

1. Send us an email:

a. To: forms@jamespublishing.com

b. Subject: Digital Access to Forms—Create My Digital Account

c. Body:

i. Your full name

ii. Your account number

iii. An email address     

iv. Title of the James Publishing book(s) you are subscribed to

2. We’ll send you a unique username and password.

How to Use the Website

1. Go to the url (we’ll email this along with your username and password)

2. Login with your unique username and password

3. Enjoy access to all your James Publishing materials. You can:

‚Save, edit, and print forms

‚View and print the .pdf forms and graphics

It’s The Same Content

You"ｷﾉﾉ receive the same aﾗﾏ that ;W normally includeS in ｴW CD, and be able to use it in exactly

the same way. #"ﾗ"IﾗﾐWﾐｷWﾐIW, you can login and view these materials from your mobile device,

laptop, or SWﾆﾗ"computer.

Single-User Access**

**This content is licensed to the book purchaser for his or her personal use only.

"""""vWaW"}W;Iｴ;HﾉW"1ﾗﾐWﾐ";ﾐS"cﾗHｷﾉｷい

1ｴWIﾆ"ﾗ"ﾗ"ｪﾗｷﾐｪ"W0ﾗﾗﾆ"IﾗﾉﾉWIｷﾗﾐ";;ｷﾉ;HﾉW";"くY;ﾏWvHﾉｷｴｷﾐｪくIﾗﾏ