What CPLR 3124?

What CPLR 3124?

CPLR 3124: Failure to disclose; motion to compel.

What is CPLR 3126?

Pursuant to CPLR 3126, a court may impose discovery sanctions, including the striking of a pleading or preclusion of evidence, where a party ‘refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed.

What CPLR 3122?

A medical provider served with a subpoena duces tecum, other than a trial subpoena issued by a court, requesting the production of a patient’s medical records pursuant to this rule need not respond or object to the subpoena if the subpoena is not accompanied by a written authorization by the patient.

What CPLR 301?

Universal Citation: NY CPLR § 301 (2012) § 301. Jurisdiction over persons, property or status. A court may exercise such jurisdiction over persons, property, or status as might have been exercised heretofore.

What is a motion to preclude?

Motions to preclude evidence of lost wages damages where an employee voluntarily resigned from employment or failed to mitigate his or her damages; Motions to preclude treating physicians from testifying as to medical opinions or diagnoses unless they are properly certified as expert witnesses; and.

Can a party object to a third party subpoena New York?

Rule 45 — Party May Object to Subpoena Served on Third Party Seeking Documents to Which Party Has Standing to Invoke Privilege or Personal Interest.

What CPLR 509?

509. Venue in county designated. Notwithstanding any provision of this article, the place of trial of an action shall be in the county designated by the plaintiff, unless the place of trial is changed to another county by order upon motion, or by consent as provided in subdivision (b) of rule 511.

How do I vacate a default Judgement in NY?

In order to vacate, set aside, or remove a default judgment in New York, you must make a motion to the court in which the judgment was entered. The motion will contain a specific request for the court to vacate the judgment and return monies taken to satisfy the judgment.

What does it mean to preclude evidence?

to prevent the presence, existence, or occurrence of; make impossible: The insufficiency of the evidence precludes a conviction.