Summary Proceedings in New York: Disclosure, Devices & Delays


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About This Course

In this fascinating CLE course, noted author, commentator, and practitioner Dov Treiman takes you through the restrictions both statutes and decisions have placed on getting information from the other side in local court eviction proceedings. Mr. Treiman shows you both the direct and indirect approaches to getting that information and when the search for it can lead to ethical problems. In his accompanying materials, Mr. Treiman cites to dozens of cases giving you all the nuances of the field as well as forms that you can adapt in your requests for discovery.

Topics covered include:

I. Basic Concepts
a. Summary proceedings
b. Special proceedings
c. Ample need
d. Motions

II. The Gateway
a. Ample need, source and definition
b. Presumed presence of ample need
c. Demonstrable presence of ample need generally
d. Demonstrable presence of ample need special cases
e. Presumed absence of ample need
f. Public records
g. Documents otherwise available
h. Non-parties
i. Ignorant witness
j. Ignorance of attorney

III. Disclosure Devices
a. Introducing the idea of disclosure devices
b. Non-CPLR 3102 disclosure devices
c. Notice to Admit
d. Disclosure by Motion

IV. Disclosure Devices – Nitty Gritty
a. Generally
b. New devices
c. Interrogatories
d. Notices to admit
e. Medical and psychiatric examination – and authorizations

V. Timing
a. Purposeful delay
b. Laches
c. Resistance to disclosure

VI. Substitutes for Disclosure Devices
a. Demand for Bill of Particulars
b. Subpoenas
c. Notice to Produce
d. Summary judgment and CPLR 3211 motions

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