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(a) Where a party unreasonably neglects to proceed generally in an action or otherwise delays in the prosecution thereof against any party who may be liable to a separate judgment, or unreasonably fails to serve and file a note of issue, the court, on its own initiative or upon motion, with notice to the parties, may ...
The abbreviation "CPLR" means the New York State Civil Practice Law and Rules.
In the State of New York, Civil Practice Law and Rule (CPLR) § 3217(a) provides a specific time within which a plaintiff can unilaterally discontinue an action?either the expiration of 20 days after service of the complaint or 20 days from the moment the defendant serves an answer, whichever is soonest.
317 - Defense by Person to Whom Summons Not Personally Delivered. Universal Citation: NY CPLR § 317 (2022) § 317. Defense by person to whom summons not personally delivered.
11-f - Depositions of Entities; Identification of Matters (a) A notice or subpoena may name as a deponent a corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or govern- mental subdivision, agency or instrumentality, or any ...
Answer. CPLR 3217 provides guidance on how to discontinue a case. See the list below for the court rules applicable to your court. There is a filing fee.
In New York state court, where the Civil Practice Law and Rules (CPLR) offers more flexibility than the Federal Rules of Civil Procedure, CPLR 3211(a)(1) permits a defendant to introduce on a motion to dismiss documents that ?utterly refute? allegations in a complaint, but it is not boundless.
Under CPLR 3215, a default judgment may be obtained against. a defendant who has failed to proceed in an action.112 Once the. defendant has conceded liability by defaulting, the plaintiff must. apply to the court for a judgment, and an inquest must be con- ducted to determine damages.'