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OF THE STATE OF NEW YORK

CONTAINING

The Civil PRACTICE ACT AND SURROGATE'S COURT ACT, WITH SECTIONS ANNOTATED WITH
Notes SHOWING DERIVATION THEREOF, WITH REFERENCE NOTES, AND CASES

CONSTRUING AND APPLYING SUCH SECTIONS

CONTAINING ALSO

TABLES SHOWING DISTRIBUTION OF SECTIONS OF THE CODE OF Civil PROCEDURE; THE
JUSTICE COURT Act; COURT OF CLAIMS Act; New YORK CITY MUNICIPAL COURT
CODE; NEW YORK CITY COURT Act; SECTIONS TRANSFERRED FROM THE CODE OF
Civil PROCEDURE TO THE CONSOLIDATED Laws; ARBITRATION LAW; Con-
DEMNATION LAW; GENERAL CONSTRUCTION Law; RENT LAWS; RULES OF
THE COURT OF APPEALS; RULES OF Civil PRACTICE; RULES OF THE
APPELLATE DIVISION, ALL DEPARTMENTS; SPECIAL RULES OF THE
SUPREME COURT, FIRST JUDICIAL DISTRICT; RULES OF THE
CITY COURT OF THE CITY OF NEW YORK; RULES OF
THE MUNICIPAL COURT OF THE CITY OF NEW
YORK; AND RULES OF THE APPELLATE TERMS,

FIRST AND SECOND DEPARTMENTS

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FRANK B. GILBERT, COUNSEL TO THE STATE EDUCATION DEPARTMENT, AUSTIN B. GRIFFIN

SUPREME COURT REPORTER AND JOHN T. FITZPATRICK, STATE LAW LIBRARIAN

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PREFACE

The Code of civil procedure was repealed by the Legislature of 1920, and in place of it were enacted a Civil practice act, a Surrogate's court act, a Justice court act, a Court of claims act, & New York city court act and a Condemnation law. Besides many sections of the Code, which were clearly substantive law or related to certain infrequent actions and proceedings, were transferred to various consolidated laws. This volume contains all of the above with the exception of a few of the consolidated law provisions which were considered purely substantive, unimportant or local.

This legislation was the result of the work of a Joint Committee of the Legislature on the Simplification of Civil Practice and was the culmination of efforts of various committees and boards through a long period of years. The report of the Committee, submitted in 1919, sets forth at. length the history of these efforts and in detail the scheme proposed. A paper by the chairman of the committee, Senator J. Henry Walters, a concise statement of the work of the committee, is printed herein in lieu of the formal report of the committee.

The committee also recommended Rules of civil practice, to take the place of the General rules of practice. These were substantially adopted by a convention appointed for that purpose and will be found with the court rules in this volume.

The Manual of practice, here presented, is an attempt to give in brief form the new general civil practice of this state, following as nearly as practicable the form of Parsons' code of civil procedure, which, in effect, it supersedes. Like Parsons' code it includes other laws, general and relating to New York city, which intimately relate to the general practice. For this reason rules of the principal courts are likewise given.

The Civil practice act, the Surrogate's court act and the Condemnation law only are annotated with decisions of the courts. In case of the other practice acts and laws source notes will be found appended to each section. In the case of the former, the cases construing the Code of civil procedure have been applied where they have bearing upon the sections of the new acts. It will be found that many cases, apparently or actually obsolete under the new practice, have been retained. This is done in the belief that they may be of help in construing the new practice substituted.

FRANK B. GILBERT,
AUSTIN B. GRIFFIN,

JOHN T. FITZPATRICK. September 10, 1921.

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