Practice point: Despite its remedial language, CPLR 2001 does not excuse a complete failure to file within the statute of limitations.
Practitioners should note that the papers served in an action must conform in all material respects to the papers that are filed to commence it.
Case: Goldenberg v. Westchester County Health Care Corp., NY Slip Op 09616 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
