What is Article 16 of the CPLR?
What is Article 16 of the CPLR?
Article 16 Overview In 1966, lawmakers added Article 16 to the CPLR. It applies to personal injury cases where multiple tortfeasors contribute to an accident. Article 16 only applies to noneconomic damages in a case, that is damages related to pain and suffering, loss of consortium, and mental anguish.
What is CPLR 308?
CPLR 308(1) permits service to be made by personally delivering the summons to the defendant. in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section.
What is Article 16 in new York?
Article 16 is a section of the New York Consolidated Laws Civil Practice Laws & Rules (CPLR). CPLR §1601 explains the law regarding the limited liability of persons who are jointly liable for damages in a personal injury case.
What is personal service NY?
The papers are handed to the defendant or respondent. This is the easiest way to serve papers. The plaintiff or petitioner can’t do this but must get someone else to do it for them.
How does joint and several liability work?
In law, joint and several liability makes all parties in a suit responsible for damages up to the entire amount awarded. That is, if one party is unable to pay, the others named must pay more than their share.
How long do you have to answer a complaint in New York?
CPLR §320 prescribes the time periods for when a responsive pleading must be served. This is generally 20 or 30 days from completion of service (20 days when service is by personal delivery to the defendant within New York State, 30 days all other times).
How long do you have to serve someone in NY?
When a landlord-tenant case is started, the Affidavit of Service must be filed three days or less after personal delivery or mailing to the respondent. In other cases, if the papers are served by personal delivery, there is no set time limit to file the Affidavit of Service.
What is considered personal Service?
Legal Definition of personal service 1 : a service based on the intellectual or manual efforts of an individual (as for salary or wages) rather than a salable product of his or her skills. 2 : physical delivery of process to a person to whom it is directed or to someone authorized to receive it on that person’s behalf.
What is the difference between several liability and joint and several liability?
Joint liability arises when two or more persons jointly promise to another person to do the same thing. Several liability arises when two or more persons make separate promises to another, whether under the same contract or different contracts.
Does an answer to a verified complaint need to be verified?
– Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit. A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his knowledge and belief.
What are the limitations under NY CPLR § 1602?
Nothing in this section shall be construed to affect or impair any right of a tortfeasor under section 15-108 of the general obligations law . NY CPLR § 1602. APPLICATION The limitations set forth in this article shall:
How is CPLR 308 ( 2 ) or ( 4 ) determined?
The motion court properly determined that service upon Mr. Yu pursuant to CPLR 308 (1), (2), or (4) was impracticable. Plaintiff served the summons and complaint on the Secretary of State of New York and mailed notice of this service with a copy of the pleadings to defendant Yu by registered mail to his last known address.
What are the burdens of proof in NY CPLR?
NY CPLR § 1603. Burdens of proof NY CPLR § 1600. DEFINITIONS As used in this article the term “ non-economic loss ” includes but is not limited to pain and suffering, mental anguish, loss of consortium or other damages for non-economic loss. NY CPLR § 1601. LIMITED LIABILITY OF PERSONS JOINTLY LIABLE
When to file proof of service under CPLR 308?
The plaintiff allegedly served process on the defendant pursuant to CPLR 308 (4). Once the “affixing and mailing” was accomplished, the plaintiff was required to file proof of service with the clerk of the court within 20 days of either the affixing or mailing, whichever was later ( see CPLR 308 [4]).
