This work is an introduction to the New York courts and their jurisdiction. Text covers the statute of limitations, personal jurisdiction, appearance, venue, parties, papers, pleadings, and motion practice. Also discusses accelerated judgment, provisional remedies, disclosure, pretrial incidents, judgment, and res judicata. In addition to expert commentary, footnote citations to leading court decisions are included.
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16 of 16 people found the following review helpful:
5.0 out of 5 stars
Vital for New York Practice,
By A Customer
This review is from: New York practice (Practitioner treatise series) (Hardcover)
David Siegel's New York Practice is considered the bible for legal practitioners in the Empire State. The book follows the CPLR generally, pulls in appropriate court-made rules and references important procedural provisions of the Court Acts. It is written in a practical and conversational style infrequently encountered in legal writing. The authoritativeness of the book, despite its readability, is reflected in the numerous cites to the text in the opinions of the courts of New York, and beyond. As a law clerk, I refer to the book often.
1 of 1 people found the following review helpful:
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Excellent overview of New York Civil practice,
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This review is from: New York Practice, 4th Edition (Hornbook Series) (Paperback)
This is a well-written and well-organized discussion of civil practice in New York state. It has proved very useful for my pro se family court appeals and motion filing. The case citations are often not the absolute latest, but if you get a subscription to either Lexis-Nexis or Westlaw, you can "Shepardize" or "Keycite" them and bring up more recent decisions. The discussion on issues like notice and motions were very valuable to me as well as the explanation of the New York courts and their Uniform Rules and Rules of the Court which are essential to both filing and arguing your case. If you have a large civil damages case, you will need a lawyer to navigate the whole complex process, but Siegel will help you understand what is going on. You might also want to invest in a good horn book on torts such as "Prosser and Keeton on Torts" and McKinney's "New York Civil Practice Laws and Rules" also known simply as the CPLR.
New York deviates from the federal civil procedure model in a number of ways so this book will help an attorney come to grips with the unusual aspects of New York civil practice. You might want to invest in a book or seminar on New York motion practice as well which is a bit of a dark science with all sorts of surprises for the unwary. Overall Siegel has done an excellent job with this book. I recommend it for attorneys as well as pro se litigants who lack the resources and training to navigate New York civil practice and motions without some help. For the latter, I strongly recommend you do your homework before you go to court and visit a law library at a university or courthouse that has the resources you will need to understand the basics.
1 of 2 people found the following review helpful:
5.0 out of 5 stars
New York Practice,
Amazon Verified Purchase(What's this?)
This review is from: New York Practice, 4th Edition (Hornbook Series) (Paperback)
I am only part-way through this 1100+ page book, but it appears to be providing me with all I need to move forward with one or more legal actions pro se. It had been recommended to me by the full-time pro se attorney for a local five-county region, and he was spot on. I highly recommend it to anyone wishing to have greater knowledge of the law as practiced in New York.
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Inside This Book
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Key Phrases - Statistically Improbable Phrases (SIPs):
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longarm jurisdiction, proper garnishee, extrastate service, supplemental summons, confirmation motion, judicata treatment, law office failures, income execution, deemed interposed, vacatur motion, generis inquiry, initiatory papers, impleader claim, ordinary money judgment, restraining notice, contrast with federal practice, interlocutory papers, judgment awarding possession, testimonial subpoena, nunc pro tune order, individual assignment system, marked pleadings, city court acts, personam effect, disclosure devices Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York, Table of Sections Sec, Nassau County, Kings County, Practitioner's Edition, First Department, Law Journal, Queens County, Uniform District, Federal Rules of Civil Procedure, Second Department, United States, Monroe County, Second Circuit, Westchester County, Uniform City, Erie County, Uniform Justice, Bronx County, Civil Practice Act, Third Department, Long Island, Oneida County, Onondaga County, Analysis Sections New!
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Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
longarm jurisdiction, proper garnishee, extrastate service, supplemental summons, confirmation motion, judicata treatment, law office failures, income execution, deemed interposed, vacatur motion, generis inquiry, initiatory papers, impleader claim, ordinary money judgment, restraining notice, contrast with federal practice, interlocutory papers, judgment awarding possession, testimonial subpoena, nunc pro tune order, individual assignment system, marked pleadings, city court acts, personam effect, disclosure devices Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York, Table of Sections Sec, Nassau County, Kings County, Practitioner's Edition, First Department, Law Journal, Queens County, Uniform District, Federal Rules of Civil Procedure, Second Department, United States, Monroe County, Second Circuit, Westchester County, Uniform City, Erie County, Uniform Justice, Bronx County, Civil Practice Act, Third Department, Long Island, Oneida County, Onondaga County, Analysis Sections New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
5
books
cite this book:
- And Justice for All: The Complete Small Claims Handbook: Includes Law and Procedure for Small Claims Actions in New York State by Thomas D. Giordano in Back Matter (1), and Back Matter (2)
- The New York State Constitution: A Reference Guide (Reference Guides to the State Constitutions of the United States) by Peter J. Galie in Back Matter
- Conflicts in a Nutshell (In a Nutshell (West Publishing)) by David D. Siegel on page 115
- Sex Discrimination in a Nutshell (Nutshell Series) by Claire Sherman Thomas in Front Matter
- Gilbert Law Summaries: Legal Research, Writing & Analysis by Peter Jan Honigsberg in Back Matter
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