Legal updates for: CPLR

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The Use Of Special Masters In Complex Cases

by JAMS on

...In the years that I served as a United States district judge, I frequently appointed special masters and made such appointments in a variety of contexts. Although some judges are fans of using special masters, many others have never done so. This is unfortunate. It is my firm view that these appointments are very beneficial in resolving disputes... more

Second Circuit Affirms Bankruptcy Court’s Nullification of Chapter 15 Debtor’s Sale of Claim Due to Woefully Inadequate Price

by Jones Day on

...In the March/April 2013 edition of the Business Restructuring Review, we reported on an opinion by the U.S. Bankruptcy Court for the Southern District of New York concluding that a chapter 15 debtor’s sale of claims against Bernard Madoff’s defunct brokerage company was not subject to review as an asset sale under section 363(b) of the... more

Wal-Mart Real Estate Business Trust v Town of Dix, et al

Order to Show Cause

by Steven Getman on

...or as soon thereafter as the parties can be heard why an order should not be granted, pursuant to 22 NYCRR 202.59 (c), CPLR 408 and other applicable authority: ... more

Simplifying the Default Process in Arbitration

by Reed Smith on

...nt that “has failed to appear, plead or proceed to trial of an action reached and called for trial.” See CPLR § 3215. As in federal court, plaintiff may obtain a default judgment by the clerk of the court “if the pl... more