You are here: / / Supreme Court Should Not Have Deemed a Verified Claim to Be a Summons and...
,

Supreme Court Should Not Have Deemed a Verified Claim to Be a Summons and Complaint Under the Authority of CPLR 2001 (Allowing Correction of Mistakes in the Method of Filing)

Reversing Supreme Court, the Fourth Department determined that a verified claim filed by the plaintiff should not have been deemed a summons and complaint pursuant to CPLR 2001 (which allows correction or clarification of a mistake in the method of filing):

Plaintiff filed a verified claim in this action and, before answering, defendant filed a CPLR 3211 motion to dismiss, contending that plaintiff had “yet to file a Summons or a Complaint” and that “a complete failure to file is a jurisdictional defect.” Relying upon CPLR 2001, Supreme Court deemed the claim to be a complaint and excused the failure to file a summons as “an irregularity that shall be disregarded in this case.” That was error. We agree with defendant that CPLR 2001 does not permit a court to disregard the complete failure to file a summons, i.e., an initial paper necessary to commence an action … . As recognized by the Court of Appeals in quoting from the Senate Introducer’s Memorandum in support of the bill that amended CPLR 2001, the statute may be invoked as a basis to correct or clarify ” a mistake in the method of filing, AS OPPOSED TO A MISTAKE IN WHAT IS FILED’ “… . Fox v City of Utica, 2015 NY Slip Op 08267, 4th Dept 11-13-15

 

You might also like
THE MAJORITY CONCLUDED THE QUESTIONING OF DEFENDANT IN HIS BACKYARD AND AT THE HOSPITAL WAS INVESTIGATORY AND DID NOT REQUIRE THE MIRANDA WARNINGS; THERE WAS A DETAILED, FACT-SPECIFIC DISSENT (FOURTH DEPT).
Scaffold, Safety Railing and Cross Braces Are Safety Devices
THE FACTS THAT THE PARKED CAR IN WHICH DEFENDANT WAS SITTING WITH TWO OTHERS WAS IN A HIGH CRIME AREA AND WAS NOT RUNNING DID NOT PROVIDE THE POLICE WITH AN ARTICULABLE, CREDIBLE REASON TO APPROACH THE CAR; THE EVIDENCE SUBSEQUENTLY SEIZED AND THE STATEMENTS SUBSEQUENTLY MADE SHOULD HAVE BEEN SUPPRESSED (FOURTH DEPT).
DEFENDANT’S REQUEST FOR A DARDEN HEARING SHOULD HAVE BEEN GRANTED, PEOPLE DID NOT DEMONSTRATE INFORMANT WAS LEGITIMATELY UNAVAILABLE (FOURTH DEPT).
LABOR LAW 200 AND COMMON-LAW NEGLIGENCE CAUSES OF ACTION SHOULD NOT HAVE BEEN DISMISSED (FOURTH DEPT).
DEFENDANT’S CONVICTIONS FOR PREDATORY SEXUAL ASSAULT AGAINST A CHILD AND RAPE AFFIRMED UNDER A WEIGHT OF THE EVIDENCE ANALYSIS, THE DISSENT, APPLYING A WEIGHT OF THE EVIDENCE ANALYSIS, ARGUED THE EVIDENCE DID NOT RISE TO THE LEVEL OF BEYOND A REASONABLE DOUBT (FOURTH DEPT).
In a Personal Injury Trial, Defense Counsel Should Have Been Permitted to Question Plaintiff About Possible Fraud in Income Tax Returns
EXPERT TESTIMONY PROPERLY PRECLUDED BECAUSE OF LATE NOTICE, NEW TRIAL REQUIRED BECAUSE JURY WAS NOT INSTRUCTED ON MITIGATION OF DAMAGES (FOURTH DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Constructive Trust Properly Imposed on Real Property, Criteria Explained Pedigree Question “Where Do You Reside,” Under the Circumstances,...