Comments on: CPLR 2309 and the ability to submit new evidence in a reply http://nofault.lisquared.com/?p=580 By: Jason Tenenbaum Mon, 06 Sep 2010 18:30:08 -0400 http://wordpress.org/?v=2.8.4 hourly 1 By: JT http://nofault.lisquared.com/?p=580&cpage=1#comment-121 JT Sat, 02 Jan 2010 04:31:27 +0000 http://nofault.lisquared.com/?p=580#comment-121 What happens if your 2309 mistake occurred in an opposition, which was picked up in your adversary's reply? Is the answer a surreply? It could be - courts have allowed this. Surreplies, however, should be avoided at all costs. What happens if the 2309 mistake occurred in a Reply, where there is no chance to oppose the form issue? The Appellate Division, First Department, opened up the door on these issues. What I liked was about 5 years ago, the Appellate Term, First Department held that 2309 defects are meaningless and the court may not reject the affidavit solely on that ground. I have a deep down wish that this would become the law of the state. What happens if your 2309 mistake occurred in an opposition, which was picked up in your adversary’s reply? Is the answer a surreply? It could be – courts have allowed this. Surreplies, however, should be avoided at all costs.

What happens if the 2309 mistake occurred in a Reply, where there is no chance to oppose the form issue?

The Appellate Division, First Department, opened up the door on these issues. What I liked was about 5 years ago, the Appellate Term, First Department held that 2309 defects are meaningless and the court may not reject the affidavit solely on that ground. I have a deep down wish that this would become the law of the state.

]]> By: David Gottlieb http://nofault.lisquared.com/?p=580&cpage=1#comment-120 David Gottlieb Sat, 02 Jan 2010 03:24:23 +0000 http://nofault.lisquared.com/?p=580#comment-120 I'd be surprised if courts began granting conditional orders on this issue. It's something that could easily be fixed in a reply. I’d be surprised if courts began granting conditional orders on this issue. It’s something that could easily be fixed in a reply.

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