What's New In 3212? It's (f)
Sometimes in order to oppose a motion for summary judgment, you need information. You need discovery.That's where CPLR R. 3212(f) comes in.  It allows you to oppose the motion, by arguing that you cannot oppose without more information and, you can only get that information from the other party.  The absence of discovery will not always be sufficient.  There are many cases where the non-moving party needs no additional information to oppose the motion.  "But we're entitled to discovery," or similar arguments, will not suffice, absent a articulable need.  And be wary of invoking (f) where you, the non-moving party, filed a note of issue.  CPLR R. 3211 has a sim

CPLR § 5225(a)(b)
CPLR § 5225 Payment or delivery of property of judgment debtor(a) Property in the possession of judgment debtor(b) Property not in the possession of judgment debtorBuckeye Retirement Co., LLC, Ltd. v Quattrocchi, 2009 NY Slip Op 08576 (App. Div., 2nd, 2009)CPLR 5225(a) requires that notice of a motion to compel the turn over of personal property "shall be served on the judgment debtor in the same manner as a summons o

§ 205(a) From Up On High
CPLR § 205 Termination of action (a) New action by plaintiffRecently the New York Court of Appeals and 2nd Circuit Court of Appeals had occasion to discuss the recently amended CPLR § 205(a).  First, the New York Court of Appeals.  Underlying this decision is the Atlantic Yards fight that has been going on for some time.  For more on the substance of the case, and its potential impact, head over to

These Are Not The Droids You're Looking For (Discovery: CPLR § 3126)
CPLR § 3126 Penalties for refusal to comply with order or to discloseEmmitt v City of New York, 2009 NY Slip Op 07331 (App. Div., 1st, 2009)A party that disobeys court-ordered disclosure is subject to preclusion of relevant portions of its evidence (CPLR 3126). The nature of the sanction lies generally within the broad discretion of the court, and should not be disturbed absent an improvident exercise thereof (Gross v Edmer Sanitary Supply Co., 201 AD2d 390 [1994]). In its answer, defenda

CPLR R. 3025 Amend and Conform--Not Too Difficult
CPLR R. 3025 Amended and supplemental pleadings(b) Amendments and supplemental pleadings by leaveSchuyler v Perry, 2009 NY Slip Op 06825 (App. Div., 2nd, 2009)The Supreme Court improvidently exercised its discretion in granting Perry's motion for leave to serve an amended answer, as the first proposed amended answer was palpably insufficient and patently devoid of merit, insofar as the counterclaim contained therein was based on allegations of the plaintiff's active or pri