Examples of CPLR in a sentence
In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested.
The award has not been vacated or modified upon any ground specified in CPLR § 7511.
Law §§ 5-1401 and 5-1402 and N.Y. CPLR 327(b) and is subject to the qualification that such enforceability may be limited by principles of public policy, comity and constitutionality.
This Court has jurisdiction pursuant to CPLR §§ 301 and 7501, based on Section 18 of a confidential settlement agreement between the parties, which provides that arbitration of disputes arising out of or relating to the settlement agreement shall take place in New York, New York.
Proof of service must be made in the same manner as under the CPLR.
Each Subsidiary Guarantor hereby acknowledges that the guarantee in this Section 3 constitutes an instrument for the payment of money, and consents and agrees that any Secured Party, at its sole option, in the event of a dispute by such Subsidiary Guarantor in the payment of any moneys due hereunder, shall have the right to bring motion action under New York CPLR Section 3213.
Rule 2103 of the CPLR will govern service of papers except that service upon the party's duly authorized representative may be made by the same means as provided for service upon an attorney.
However, this modification of the traditional joint-and-several liability rule is applicable only in personal injury actions (CPLR 1601 [1]).At common law there was no contribution.
Under CPLR article 16, a joint tortfeasor whose culpability is 50% or less is not jointly liable for all of plaintiff's noneconomic damages, but severally liable for its proportionate share (CPLR 1601 [1]).
As more fully set forth in Petitioner’s moving papers, C.P.L.R. § 6212(a) requires that the party seeking an attachment show “that it is probable that the plaintiff will succeed on the merits.” In its Memorandum of Law in Support of its Motion for an Order of Attachment, Petitioner addresses this particular prong by merely stating that “[t]here is no infirmity in the Award such that there is a possibility of success on the merits…” and offering no facts in support of thiscontention.