WebNY CPLR § R2101 (2012) What's This? ... Each paper served or filed shall begin with a caption setting forth the name of the court, the venue, the title of the action, the nature of the paper and the index number of the action if one has been assigned. In a summons, a … WebDec 2, 2014 · “Defendant’s motion to dismiss the complaint was properly denied and the cross motion to amend the caption of the summons and complaint to designate plaintiff …
I amended the caption of summons (pre-service) per CPLR 1003. I ... - …
WebIn order to challenge a default, the remedy is to make a motion pursuant to CPLR 5015 (a) seeking the vacate the default. This motion consists of two elements, both of which must be met. (a) excusable default existed in missing the trial, and (b) there is a meritorious cause of action or defense. WebDec 18, 2013 · change the caption of the action to reflect the name of the new mortgage ... (CPLR §1018) and decisional law. 1 Nonetheless, recent case law has revealed a practical, if not a legal, problem on this point. In one action, the trial court ruled correctly, but the foreclosing party suffered the time and expense of an appeal initiated by harold ambuehl elementary
Responsive Pleadings in New York State Supreme Court ... - Westlaw
WebNY CPLR § 304 (2012) What's This? § 304. Method of commencing action or special proceeding. (a) An action is commenced by filing a summons and complaint or summons with notice in accordance with rule twenty-one hundred two of this chapter. A special proceeding is commenced by filing a petition in accordance with rule twenty-one hundred … WebUniversal Citation: NY CPLR § 325 (2012) § 325. Grounds for removal. (a) By supreme court for mistake in choice of court. Where a mistake was made in the choice of the court in which an action is commenced, the supreme court, upon motion, may remove the action to the proper court, upon such terms as may be just. Webthe County Clerk amend the caption to conform to the caption in the amended pleading filed as Document Number [ ] by adding the following parties as plaintiff(s)/petitioner(s): … chapter honors