February 18, 2011

Motion practice.

Practice point: While CPLR 5019(a) gives the court discretion to correct a technical defect or a ministerial error, it may not be invoked to alter a party's substantive rights.

Students should note that the provision may not be used to seek modification of a judgment.

The case is Mount Sinai Hosp. v. Country Wide Ins., NY Slip Op 01008 (2d Dept. 2011).


Tuesday's issue is dog bites.