C.C.P. SECTION Now LOCATED IN 3413...Lien Law, § 55. 3414... Lien Law, § 56. 3415... Lien Law, § 57. 3416... Lien Law, § 58. 3417... Lien Law, § 59. 3418... Lien Law, § 60. 3419... Lien Law, § 61. 3420... Lien Law, § 86. 3421... Lien Law, § 87. 3422... Lien Law, § 88. 2423... Lien Law, § 89. 3424...Lien Law, § 90. 3425. ..Lien Law, § 91. 3426... Lien Law, § 92. C.C.P. SECTION NOW LOCATED IN 3428... Lien Law, § 94. 3429... Lien Law, § 95. 3430... Lien Law, § 96. 3431...Lien Law, § 97. 3432. .Lien Law, § 98. 3433... Lien Law, § 99. 3434... Lien Law, § 100. 3435.. Lien Law, § 101. 3436... Lien Law, § 102. 3437... Lien Law, § 103. 3438... Lien Law, § 104. 3439... Lien Law, § 105. 3440... Lien Law, § 106. 3441... Lien Law, § 107. 3427... Lien Law, § 93. STATE OF NEW YORK RULES OF CIVIL PRACTICE ADOPTED BY THE Convention to Consider and Adopt Rules of Civil Practice JUNE 17, 1921 Pursuant to Laws of 1920, Chapter 902 As Amended, Laws 1921, Chapter 370 Filed in the office of the Secretary of State at Albany, July 12, 1921. (Appointed pursuant to the provisions of chapter 902, laws of 1920, and its amendatory act, chapter 370, laws of 1921.) Justices Designated by Justices of the Appellate Divisions 1st Department, Alfred R. Page, 27 Madison Avenue, New York City. 2nd Department, Harrington Putnam, 404 Washington Avenue, Brooklyn, New York. 3rd Department, Aaron V. S. Cochrane, Hudson, New York. 4th Department, *Irving G. Hubbs, Pulaski, New York. *Vice Pascal C. J. De Angelis, resigned. Justices Designated by the Trial Justices of the Supreme Court 1st Judicial District, Robert F. Wagner, 244 East 86th Street, New York City. 2nd Judicial District, Russell Benedict, 104 Buckingham Road, Brooklyn, New York. 3rd Judicial District, Gilbert D. B. Hasbrouck, Court House, Kingston, New York. 4th Judicial District, Charles C. Van Kirk, Greenwich, New York. 5th Judicial District, Irving R. Devendorf, Herkimer, New York. 6th Judicial District, Abraham L. Kellogg, Oneonta, New York. 7th Judicial District, S. Nelson Sawyer, Palmyra, New York. 8th Judicial District, Louis W. Marcus, City and County Hall, Buffalo, New York. 9th Judicial District, Arthur S. Tompkins, Nyack, New York. Attorneys Named by the Governor 1st Jusicial District, John Godfrey Saxe, 30 Broad Street, New York City. 2nd Judicial District, John J. Kuhn, 115 Broadway, New York City. 3rd Judicial District, Alphonso T. Clearwater, Ulster County Savings Bank Building. Kingston, New York. 4th Judicial District, Edgar T. Brackett, Saratoga, New York. 5th Judicial District, Delos M. Cosgrove, 31-35 Jefferson County National Bank Building, Watertown, New York. 6th Judicial District, Hubert C. Stratton, Oxford, New York. 7th Judicial District, James A. Parsons, 25 Eagle Street, Albany, New York. 8th Judicial District, William P. Brennan, 42 Delaware Avenue, Buffalo, New York. 9th Judicial District, Clifford Couch, 1010 Main Street, Peekskill, New York. Board of Statutory Consolidation Charles A. Collin, 120 Broadway, New York City. Joint Legislative Committee on Simplification of Civil Practice J. Henry Walters, 1564 Broadway, New York City. James A. Foley, 243 East 17th Street, New York City. John Knight, Arcade, New York. August Flamman, 44 Court Street, Brooklyn, New York. William S. Evans, 46 Cedar Street, New York City. Attorney General Charles D. Newton, 140 State Street, Albany, New York. Office of the Secretary Senate Chamber, Albany, New York. REPORT The Committee appointed pursuant to the vote at the Convention of June 8th last, beg leave to report: That they met and considered the existing general rules of practice, the civil praetice act (Laws 1920, chapter 925 with the amendments of 1921); the proposed court rules suggested by the joint legislative committee on the simplification of civil prac tice, as reported to the legislature in 1919; the court rules proposed by the board of statutory consolidation, and suggestions and criticisms by bar associations, judges and lawyers. Since the meeting of the convention, September 20-21, 1920, the committee have considered later suggestions from the bar associations of the state and of the city of New York as well as proposals from members of the bar throughout the state. The committee have made changes in forty-one rules previously recommended, suggested the omission of one, and offered two new rules. They now recommend for adoption the accompanying court rules for civil practice. as generally applicable to our different civil courts, except the court for the trial of impeachments, and the court of appeals. In view of the differing conditions in the several surrogate courts of the state, the committee concluded that it would now be unwise to formulate general rules for the surrogate's courts. As minor diversities also exist in the calendar practice in the different appellate divisions, it was thought preferable to leave such matters of local practice to fall under the rules by the respective appellate divisions. The subject of arbitration, dealt with in the civil practice act (article 83), had been further enlarged by the laws of 1920, chapter 275. It has not been suggested to your committee that special rules for arbitration are required. A table at the end of our rules indicates what use has been made of the general rules of practice now in force, and where our proposed rules treat of the same subject. The committee have also drawn rules (numbers 210-214) for the new field of declaratory judgments authorized by the civil practice act, § 473. The American Experience Table of Mortality, adopted in rule 243 is appended, together with a table showing the present value of an immediate annuity on one dollar on a single life at five per centum interest, taken from "Inheritance Tax Calculations" by S. H. Wolfe. The rules here reported have been read and revised in joint meeting of the committee, and embody our unanimous judgment. Dated, May 24, 1921. HARRINGTON PUTNAM, Chairman, J. HENRY WALTERS, Committee to Formulate Rules. RULES OF CIVIL PRACTICE Adopted by the convention to consider and adopt rules of civil practice, held at the capitol in the city of Albany, beginning at noon of the second Tuesday of June, one thousand, nine hundred and twenty, pursuant to chapter nine hundred and two of the laws of the state of New York for the year one thousand, nine hundred and twenty, as amended by chapter three hundred and seventy of the laws of nineteen hundred and twenty-one, "binding upon all the courts in this state and all the justices and judges thereof, except the court for the trial of impeachments and the court of appeals." 7. Guardians ad litem and special guardians (Rules 39-44).... [Sub-analysis p. 740] 8. Summons and the service thereof (Rules 45-53).... 9. Appearance (Rules 55, 56)..... 10. Motions (Rules 60-67)... 11. Orders (Rules 70-74)... 12. Arrest, injunction and attachment (Rules 80-84). 13. Extension of time (Rules 85-88)... 14. Pleadings (Rules 90-116).... [Sub-analysis p. 740] [Sub-analysis p. 740] [Sub-analysis p. 740] [Sub-analysis p. 740] [Sub-analysis p. 740] [Sub-analysis p. 740] [Sub-analysis p. 740] 15. Depositions to be used within the state (Rules 120-133).....] Sub-analysis p. 741[ 16. Depositions to be used without the state (Rules 136, 137)... [Sub-analysis p. 741] 17. Perpetuation of testimony in real property actions (Rule 138). [Sub-analysis p. 741] 18. Discovery and inspection (Rules 140-142).. 19. Change of venue (Rules 145-147)...... 20. Notice of trial and of issue (Rules 150,151).. 21. Trial (Rules 155-166)..... 22. References (Rules 170-173).. [Sub-analysis p. 741] [Sub-analysis p. 741] [Sub-analysis p. 741] [Sub-analysis p. 742] [Sub-analysis p. 742] |