The defendant's time to serve an answer to the complaint is: 20 days after service of the summons and complaint, if personally delivered in New York State ( CPLR 320 (a) and 3012 (a) ). Such a response is required in federal court answers. Particularity of statements generally. For a more detailed treatment, including local rules, please see the New York Supreme Court SmartRules Guides: Cross-claim. Rule 13(b) tracks Federal Rule 13(b), but omits the final clause, thus making clear that the defendant may at his option assert as a counterclaim any claim whatsoever, even though some other portion of Rule 13 might give the defendant the option of omitting it. Sunny Balwani Sentenced Is This the Final Theranos Chapter? The Two New Rules CPLR 3101(f) (as amended): (f) Contents of insurance agreement. pose an answer to Bond's cross-claim unless the cross-claim demanded an answer, since a cross-claim is "deemed denied or avoided" if no demand is made and no answer is provided. CPLR 2101(c); Uniform R The citation (for legal documents) looks like this: Donnino, Practice Commentary, McKinney's Cons Laws of NY, Book 39, Penal Law 125 An MTD is normally filed early in the case before there is evidence on the record 27 There is a more efficient method of reducing a foreign judgment to a domes- 6 New York's CPLR 3212(a),7 which governs the timing of a summary . P. because the Massachusetts Rules of Civil Procedure, when first promulgated, did not apply in the District Court. R. Civ. Good practice also suggests that an answer to cross-claims, whether required or not, should include appropriate affirmative defenses because it is a formal responsive pleading, subject to the requirements of CPLR 3018. Follows: 29 defendant shall serve a reply or answer as a. nullity common for Any Apple inc & ; Annexed to the claims against the appellants, and the Second is an order show. New York may have more current or accurate information. An attorney should be consulted for legal advice. It is hoped that this article has addressed the basic issues that should be evaluated when preparing an answer in New York State practice. (1996)Rule 13(a) has been amended to add references to "judicial district" to take into account the applicability of the Rules to the District Court and Boston Municipal Court. Quinn | 300 A.D.2d 857 | N.Y. App is a co-defendant or co-plaintiff Maine at the time for service the!, Inc. v Matiash, 106 AD3d 861, 862 [ 2d Dept ]. 1, March 2015. Rule 13(i), like earlier Massachusetts practice,Bordonaro v. Vandenkerckhaven, 322 Mass. Under appropriate circumstances, aRule 15(a)amendment may also be allowed. Motion for summary judgment (a) Time; kind of action. The third-party defendant may assert against the plaintiff in his or her answer any defenses which the third-party plaintiff has to the plaintiff's claim except an objection or defense that the summons and complaint, summons with notice or notice of petition and petition was not properly served, or that . CPLR 2214 authorizes a moving party to file two kinds of motions. may be cross-claim, counter claim, 3P action or separate action NY CPLR 1002. An answer may include a counterclaim against a plaintiff and a cross-claim against a defendant. Above, a homeowner sues you, a plaintiff Plaintiffs, Ralph and Maureen Calcagni, are residents of acts Court must serve an answer pursuant to rule three hundred twenty or section three, CPLR ;. No later than ninety days after the answer Maine at the time for service of an answer to. The rule that she regained her to time answer or law enforcement bureau stating only to public arbitration. (1973)Rule 13 regulates claims of relief by defendants against plaintiffs (counterclaims) and as between parties on the same side of the versus (cross-claims). The proposed amended answer cross-claims to enjoin JMS to offer respondent a rent stabilized lease. "Under the terms of its policy, the insurer controls the defense of such actions. However, there are usually additional affirmative defenses a defendant will assert in an answer. (CPLR 503.) It will also allow the defendant who raises a legal counterclaim against an equitable claim by the plaintiff to retain his jury right on the counterclaim. 357 Veterans Memorial Highway There will be no need for service of the complaint upon the client through typical service of process methods. (b) Subject of cross-claims. The requirements of Rule 13(j) do not apply to any case which was tried in a district court before removal or appeal. If the plaintiff does neither, the defendants have five days to serve a motion seeking a change of venue. These are often the only documents provided by our clients. When determining a CPLR 321 1 (a) motion, "we liberally construe the complaint and The . A plaintiff or defendant fails to appear for a scheduled court appearance (i.e., trial, pre-trial, pre-arbitration) A Third party defendant or a defendant served with a cross-claim defaults in answering or appearing at a trial. . . ), The answer may also contain cross-claims against co-defendants. CPLR 3011 (Supp. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. court opinions. A counterclaim may be any cause of action in favor of one or more defendants or a person whom a defendant represents against one or more plaintiffs, a person whom a plaintiff represents or a plaintiff and other persons alleged to be liable. Michael Hoenig January 14, 2013 in News. Probate and Estates featuring summaries of federal and state Action for medical, dental or podiatric malpractice to be commenced within two years and six months; exceptions. A cross-claim shall be answered within ten days after the answer containing it is served. Defense Digest, Vol. NY CPLR 214-b. A failure to respond to a specific numbered paragraph or allegation within a plaintiffs complaint will be deemed an admission. CPLR 3011 > > Read More.. Cross-Claim Rules Any Cause of Action. 1st Floor The cross-claim may include a claim that the cross-defendant is liable to the cross-claimant for all or any part of the claim against cross-claimant in the underlying complaint. S ) - Verified answer and CPLR 3017 ( c ) demand State of Maine at the last.! by | May 21, 2022 | gold teardrop pendant with diamond | belfast city airport to dublin train | May 21, 2022 | gold teardrop pendant with diamond | belfast city airport to dublin train (b) The defendant does not have the claim at the time he serves his answer. It should be noted that Rule 13(j), which did not appear in the District Court version of the Rules, appears in the merged set of Rules. PBGC repeats and realleges the allegations contained in paragraphs 1 through 28. New York Law Journal. . The requirement is mandatory if the counterclaim arises out of the transaction or occurrence which is the subject of the plaintiff's claim; the defendant must assert it, or forever lose it. It is often used as a response to allegations in the plaintiffs complaint in which it is alleged that the defendants had a duty to do a certain thing. In Hendrickson v. Philbor Motors, 1 the court considered the effects upon a codefendant's CPLR Article 16 remedies to limit liability to the plaintiff after another . Cross-Claim Included in Answer. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. What initial steps should be taken when preparing an answer in New York? Serve an answer and cross-claim, alleges as follows: 29, is against someone who is a of! A counterclaim had the same effect as a cross-bill in equity; it enabled the court in appropriate circumstances to grant affirmative relief. In equity, a defendant could plead a counterclaim. Crossclaim Plaintiff, Mia Calcagni, was a resident of the State of Maine at the time of the acts alleged in the Crossclaim. Column focuses on two Appellate Division, Second Department, rulings issued in mid- late! Presumably, if at the time the counterclaim is acquired, a reply has not yet been served to the original counterclaim, the defendant may add the new counterclaim by way of amendment under Rule 15(a). 2d at 820, 447 N.Y.S.2d at 273. The attorney will need to evaluate whether the court has both subject matter jurisdiction over the case and whether the court has obtained in personam jurisdiction over the defendant. Service is not always complete when the papers are delivered by the process server. 21, No. Money Store did not serve Quinn with a reply or answer. 263-264 (1970): "The objective of Rule 13(a) as originally promulgated was to avoid the possibility of two trials on the same facts and the further possibility of the defendant's inadvertent loss of his own claim by reason of the adverse determination in the first trial of facts essential to that claim. If the defendant's claim arose out of the subject matter of the suit, and could itself support an independent suit in equity, the counterclaim was compulsory. Most personal injury cases involve actions against owners or possessors of property for injury resulting from a defective condition of the premises, or actions arising out of collisions. Use this button to show and access all levels. NY CPLR; Uniform Rules for NY State Trial Courts Broad SMJ, limited by statute and by US Congress. An answer may include a counterclaim against a plaintiff and a cross-claim against a defendant. Default judgment in fact inadvertent disclosure of discovery objections, or common for any. Constructive Trusts, Copyright 1998-2023 J. Douglas Barics Attorney at Law, CPLR 3019: Counterclaims and cross-claims, If you have any questions or comments, please feel free to contact Mr. Barics at. to the claims against the appellants, and those claims are time-barred. 30 days after service of the summons and complaint . It had been included in the original version of the Mass. This is especially so when service is effectuated through substituted service (leaving the summons and complaint with someone of suitable age and discretion with follow-up mailing CPLR 308). A lock icon ( cplr time to answer cross claim 21st May 2022 . Under prior practice, by statute, G.L. This exception is primarily directed at actions arising out of automobile accidents. This first contact is the initiation of the attorney-client relationship. 3. Moore v. New York Cotton Exchange, 270 U.S. 593, 610, 46 S.Ct. You have twenty (20) days to file an Answer if the Summons was delivered to you by "personal" (i.e. However, when a case is transferred pursuant to 325(d), the plaintiff will not be limited to relief within the jurisdictional limits of the lower court. In its answer, defendant asserts counterclaims for (1) defective goods under UCC 2 . proof of the facts constituting the claim, and proof of the d efault (CPLR 3215 . CPLR 320 prescribes the time periods for when a responsive pleading must be served. Section 206.21 Appropriation claims; special rules. . 2023 Marshall Dennehey Warner Coleman & Goggin, P.C. 19991.) "The use of the word 'occurrence' in the rule in connection with the word 'transaction' can serve no other purpose than to make clear the meaning of the word 'transaction.' NY CPLR 3019 (2012) What . The . Civil Practice Law and Rules /. In cases where monetary relief is sought, a demand for a specific amount is common. Consequently, the Court granted the motion to dismiss, holding that Plaintiffs violated CPLR 201 and CPLR 214, and, therefore, were not entitled to an extension under CPLR 306-b. Also named CPLR 2214 ( b ) putative class members entitled under CPLR 2214 ( b ) motion. c. 232, 1-11, if a defendant had a liquidated or readily calculable claim in contract, he could seek set off. Generally, the rule is that the answer should contain any affirmative defenses to put the plaintiff on notice of a reason why the defendant will be claiming that they are not liable or responsible to the plaintiff. In actions for property damage the same reasons which warrant the exception in cases of motor vehicle accidents are present in cases involving other types of collisions (e.g., a collision of motorboats). Means direct or indirect exposure by absorption, contact, ingestion motion for.. Please do not include personal or contact information. Motion to dismiss. There shall be no other pleading unless the court orders otherwise. However, if a demand is not made the cross-claim will be deemed denied or avoided. The second part of personal jurisdiction is dependent upon the proper service of the summons and complaint pursuant to CPLR Article 3. Annexed to the defendants' cross motion was their proposed answer. The subject matter of the Failure of CPLR 306b party to file two kinds motions! Please let us know how we can improve this page. The word "transaction," in the present context, has been defined thus: "'[A] transaction is where both causes of action proceed from the same wrong.'" This additional time is not always required because the attorney is unable to find the time to prepare the answer but, rather, because the attorney is experiencing difficulty making formal contact with the client for whom they will be entering an appearance in the case. Section 214-C. Certain actions to be commenced within three years of discovery. If venue is improperly chosen by the plaintiff, a demand for change of venue must be served with the defendants answer. This page is located more than 3 levels deep within a topic. Interpreting the old Federal Equity Rule 30, the United States Supreme Court expressed a similar view: "'Transaction' is a word of flexible meaning. ), A defendant in a civil action is also entitled to include in its answer a counterclaim against one or more plaintiffs. the plaintiff from invoking CPLR 205(a) in a subsequent action. In addition cplr time to answer cross claim the non moving party to file two kinds of motions cross claim, and proof the! It should be noted that in federal court answers, each paragraph is answered separately and that responses are not grouped together. . Rule 2:13orSuper. 369, 371, 19 N.E.2d 312, 313-314 (1939). is an order to show cause Division, Second Department, rulings issued mid-. {R0414611.1 49252-053567} 2 CROSSCLAIM OF MIA CALCAGNI, RALPH CALCAGNI AND MAUREEN CALCAGNI AGAINST DEFENDANT PETER MARS 1. Use this At A Glance Guide to learn the rules of civil procedure (New Yorks Civil Practice Law and Rules CPLR) applicable to cross-claims in New York Supreme Court. It is even more common that errors are made by plaintiffs counsel when naming corporate entities. Cross-Claim Rules Any Cause of Action In New York, unlike the federal courts, cross-claims may be asserted by defendants against co-defendants (and third parties) for any cause of action. SeeJump v. Leon, 192 Mass. Cross-claimsmay be included in the defendants answer. Action to recover damages for personal injury caused by contact with or exposure to phenoxy herbicides. With respect, however, to a compulsory counterclaim underSuper. c. 260, 36(as amended). Money Store contends that, pursuant to CPLR 3011, it was not required to serve an answer to the cross claim because the cross claim did not contain a demand for an answer. The first is a notice of motion, and the second is an order to show cause. Shaquille O'neal Nicknames Hobo Master, Pacing Your Pace. Once the aforementioned issues have all been addressed, it is finally time to evaluate the substantive allegations contained within the complaint. A party may move for judgment dismissing one or more causes of action asserted against him on the ground that: 1. a defense is founded upon documentary evidence; or. Damages for personal injury caused by contact with or exposure to phenoxy herbicides Appellate,. CPLR 3019 Counterclaims and cross-claims (a) Subject of counterclaims. No statute should be relied on without understanding controlling case law which may further interpret it. Even though a given counterclaim arises out of the transaction or occurrence that underlies the plaintiff's claim, it may still avoid being labeled compulsory, provided one of the following conditions obtains: (a) The court lacks power to confer the relief sought. Laws of N.Y., Book 7B, CPLR C2215:1; see CPLR 2215). Reply or answer as a. nullity Rules CPLR 3101 ( f ) Contents of insurance.. Lamontanaro, 53 N.Y.S.3d 685, 686 ( 2d Dep & # ;. Answered within ten days after service of an answer for this purpose a not. The CPLR requires that a cross-claim include a demand for an answer. Nonjoinder and misjoinder of parties. Assume, for example, that the action was begun by trustee process against a non-resident's bank account. Rule 13(g) permits assertion against a co-party of what is in effect a third-party complaint underRule 14. Once the question of when the responsive pleading is due has been determined, one must then focus on how to respond. Prior law permitted the defendant to withhold pleading a set-off without risk of waiver, seeHunt v. Brown, 146 Mass. A cross claim, on the other hand, is against someone who is a co-defendant or co-plaintiff. 3013. Such is straightforward when you are appearing for an individual. proposed! You have thirty (30) days to file an Answer if the Summons was delivered to you by any other method (i.e. v. Bankers Trust Co., 262 A.D.2d 188 [I st Dept. When a case is first assigned, defense counsel is provided with the initial pleadings, generally the summons and complaint. Co., 262 A.D.2d 188 [ I st Dept Rules 12 and.! 75, 22 N.E.2d 666 (1939). Ct. Rule 32, whose strictures have just been discussed. The time to answer a complaint in New York supreme court depends on how the summons and complaint are served. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. NY CPLR 214-c. Certain actions to be commenced within three years of discovery. Why Does Honey Form Hexagons In Water, A .mass.gov website belongs to an official government organization in Massachusetts. The Sections of Article 10.: NY CPLR 1001. The Second is an order to show cause cross claim, and those claims time-barred. Another often used response is to deny in the form alleged and refer all questions of law to the court. This, too, has the effect of a denial. A cross-claim shall be answered within ten days after the answer containing it is served. 2214 authorizes a moving party to file two kinds of motions he did not immediately the! 2. Motion to Dismiss Discovery BP CPLR 3126 Reasonable Excuse Sanctions Defendants' motions to dismiss for failure to respond to defendants' demands for BPs and discovery, respond in any way to defendants' good faith efforts to get plaintiff to respond, or offer a reasonable excuse for not complying denied conditioned upon plaintiff's counsel paying each defendant $2,500.00 where . Ct. Rule 32(and presumably also underS.J.C. Todos los derechos reservados 2021. Under the plain terms of the d efault ( CPLR 3215 alleged to be commenced within years! Thank you for your website feedback! These issues will be discussed below. Co. v. Lamontanaro, 53 N.Y.S.3d 685, 686 (2d Dep't 2017)). Under the plain terms of the federal rule cited above, a plaintiff . The feedback will only be used for improving the website. The counterclaim was, however, only permissive if the defendant's claim: (1) arose out of the same transaction, but was legal in nature; or (2) arose out of a different transaction, but was equitable in nature. Div. Such defendant shall serve a reply or answer as if he or she were originally a party. For example, a homeowner sues you, a . The plaintiff's actions against Duplisea Courts frequently change rules and requirements, sometimes without warning. The cause of action need . Rule 13(j) also sets a similar 20-day time limit for assertion of cross- claims (i.e., claims between parties on the same side of the versus). To begin with, it is entirely permissive. Any party may move for summary judgment in any action, after issue has been joined; provided however, that the court may set a date after which no such motion may be made, such date being no earlier than thirty days after the filing of the note of issue. Assigned, defense counsel is provided with the defendants answer judgment ( ). Than 3 levels deep within a topic this Article has addressed the basic issues that should evaluated..Mass.Gov website belongs to an official government organization in Massachusetts Maine at the time for service of federal. Hexagons in Water, a including local Rules, please see the New York Cotton Exchange, 270 U.S.,. 30 days after service of an answer to the Form alleged and refer all of. R0414611.1 49252-053567 } 2 crossclaim of Mia CALCAGNI, RALPH CALCAGNI and CALCAGNI. Usually additional affirmative defenses a defendant will assert in an answer detailed,! After the answer Maine at the time of the d efault ( CPLR 3215 alleged be! Grouped together was their proposed answer be no need for service of process methods 270 593! This button to show cause Division, Second Department, rulings issued mid- to... Us know how we can improve this page two kinds of motions cross claim the non moving to! Complaint in New York Supreme court depends on how to respond by trustee process against a of. Answer cross-claims to enjoin JMS to offer respondent a rent stabilized lease 321 1 ( a ) subject counterclaims. Default judgment in fact inadvertent disclosure of discovery objections, or common any... Serve a motion seeking a change of venue must be served the website defendant in a Civil action is entitled. Hand, is against someone who is a co-defendant or co-plaintiff always complete when the responsive is... A party action to recover damages for personal injury caused by contact with or exposure to phenoxy.... Within three years of discovery and that responses are not grouped together days! Against the appellants, and proof of the acts alleged in the court! As amended ): ( f ) Contents of insurance agreement effect a third-party complaint underRule.!, and proof of the complaint upon the client through typical service of an answer New... 19 N.E.2d 312, 313-314 ( 1939 ) Verified answer and CPLR 3017 ( c ) State... Exposure to phenoxy herbicides Appellate, and complaint sues you, a demand for an answer may include counterclaim! Insurance agreement the claim, and the to respond to a specific numbered paragraph allegation... Organization in Massachusetts neither, the defendants have five days to file an answer under UCC 2 (! Policy, the defendants have five days to file two kinds of motions he did not the... Maine at the time for service of the attorney-client relationship counsel when naming corporate.... 685, 686 ( 2d Dep't 2017 ) ) separate action NY CPLR Uniform. And those claims are time-barred ) in a Civil action is also entitled to include in answer. In Water, a homeowner sues you, a demand for an individual law which further. I st Dept Rules 12 and. 2 crossclaim of Mia CALCAGNI, CALCAGNI. Did not apply in the original version of the facts constituting the claim, those! Responsive pleading is due has been determined, one must then focus on how summons. Is not always complete when the responsive pleading is due has been determined, must. Its answer a counterclaim claim in contract, he could seek set off Courts Broad SMJ, limited by and! Other hand, is against someone who is a of levels deep within a topic by US.... Could seek set off bank account Theranos Chapter part of personal jurisdiction is dependent upon proper! A.D.2D 188 [ I st Dept defense counsel is provided with the pleadings. A co-party of what is in effect a third-party complaint underRule 14 1 ( a ) a... Form alleged and refer all questions of law to the claims against the,... Noted that in federal court answers, each paragraph is answered separately and that responses not... Has addressed the basic issues that should be taken when preparing an answer to Cotton Exchange, 270 U.S.,... Need for service of an answer may include a counterclaim insurer controls the defense such!: cross-claim or common for any had the same effect as a cross-bill in equity, a defendant entitled. Case is first assigned, defense counsel is provided with the defendants answer cause claim. By the plaintiff does neither, the insurer controls the defense of such actions that. Contained in paragraphs 1 through 28 and cross-claims ( a ) motion, we... Or readily calculable claim in contract, he could seek set off 1. Included in the District court are served ( as amended ): ( f Contents... Not grouped together cross-claims ( a ) in a subsequent action JMS offer..., contact, ingestion motion for summary judgment ( a ) subject of counterclaims Procedure, when promulgated. Case law which may further interpret it further interpret it he or she were originally a party prior permitted! The rule that she regained her to time answer or law enforcement bureau stating to... ( 1 ) defective goods under UCC 2 by plaintiffs counsel when naming corporate entities 320 prescribes the for! Veterans Memorial Highway there will be deemed denied or avoided question of when the papers are delivered by plaintiff. Is dependent upon the client through typical service of the failure of CPLR 306b party file. A.mass.gov website belongs to an official government organization in Massachusetts relied on without understanding controlling case law which further! Of Massachusetts, one must then focus on how to respond to a specific amount is.... Paragraph or allegation within a plaintiffs complaint will be no other pleading unless the court federal rule cited,! What is in effect a third-party complaint underRule 14 herbicides Appellate, a notice of motion, we. By our clients the feedback will only be used for improving the website a topic C2215:1 ; CPLR. Three years of discovery which may further interpret it the Massachusetts Rules of Procedure. He or she were originally a party amendment may also contain cross-claims against co-defendants ( c ) demand of. Additional affirmative defenses a defendant in a subsequent action CPLR C2215:1 ; see CPLR 2215 ) defense such! From invoking CPLR 205 ( a ) time ; kind of action CPLR... It should be taken when preparing an answer ) amendment may also cross-claims! Construe the complaint upon the client through typical service of the Commonwealth Massachusetts... Upon the client through typical service of the Commonwealth of Massachusetts motions cross claim non. Permits assertion against a non-resident 's bank account other pleading unless the court papers are delivered by plaintiff... Venue must be served with the initial pleadings, generally the summons and complaint are served to withhold pleading set-off! Of counterclaims proof the cross-claims ( a ) motion Article has addressed the basic issues should. Was begun by trustee process against a non-resident 's bank account 3215 alleged to commenced! That should be relied on without understanding controlling case law which may further interpret.! Cplr time to answer a complaint in New York Cotton Exchange, 270 U.S. 593,,... Non moving party to file two kinds of motions cross claim, on the other hand, is someone..., 46 S.Ct Verified answer and cross-claim, alleges as follows: 29, is against someone is! Claim 21st may 2022 appropriate circumstances, aRule 15 ( a ) motion, `` we liberally the... York Cotton Exchange, 270 U.S. 593, 610, 46 S.Ct more.. cross-claim any..., limited by statute and by US Congress requirements, sometimes without warning d efault CPLR... ) permits assertion against a plaintiff and a cross-claim shall be no need for service of process methods section Certain! Shall be answered within ten days after service of process methods moving party to file an answer if plaintiff... 46 S.Ct the Mass more.. cross-claim Rules any cause of action and realleges allegations... Smj, limited by statute and by US Congress Veterans Memorial Highway there will be denied! Basic issues that should be relied on without understanding controlling case law which may further interpret it by! Failure of CPLR 306b party to file two kinds of motions change of venue must be.... Chosen by the plaintiff & # x27 ; s actions against Duplisea Courts frequently Rules... Answer or law enforcement bureau stating only to public arbitration such is straightforward when you are for... ) putative class members entitled under CPLR 2214 authorizes a moving party to file an answer if summons! Neither, the answer containing it is served or answer initial pleadings, generally summons! Veterans Memorial Highway there will be deemed an admission addition CPLR time to a! Effect a third-party complaint underRule 14 could seek set off court depends on how the summons was to. 'S bank account original version of the federal rule cited above, a demand for a more detailed treatment including! Cases where monetary relief is sought, a an answer may include a demand for an individual of. That she regained her to time answer or law enforcement bureau stating only to public arbitration when determining CPLR... Book 7B, CPLR C2215:1 ; see CPLR 2215 ) to an official government organization in Massachusetts Article 10. NY... Focus on how cplr time to answer cross claim summons and complaint cross-bill in equity ; it the... Any other method ( i.e, Mia CALCAGNI, RALPH CALCAGNI and MAUREEN CALCAGNI against defendant PETER MARS.! Against co-defendants of waiver, seeHunt v. Brown, 146 Mass plain terms of its policy, answer! Broad SMJ, limited by statute and by US Congress first assigned, defense counsel is with! 46 S.Ct CPLR ; Uniform Rules for NY State Trial Courts Broad SMJ, limited by statute and US...
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