section 2001 curable defect (New York) · Go Syfert
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section 2001 curable defect in New York

5 New York opinions name it 3 courts 2013–2025 2 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Raschel v. Rishgreen
ny · 1986 · cited in 1 New York opinions naming this issue, 2022–2022
1 sentence

2022With respect to the individual defendants, the affidavit of service failed to list the names of the persons purportedly served and did not state that an additional copy of the papers had been mailed to each of them, rendering incomplete the purported service via a person of suitable age and discretion (CPLR 308[2]; Raschel v Rish , 69 NY2d 694, 696-697 [1986]).

11
Ruffin v. LION CORP. & C.green
ny · 2010 · cited in 1 New York opinions naming this issue, 2020–2020
1 sentence

2020CPLR 2001, however, may be utilized only to cure technical infirmities or defects ( see Ruffin v Lion Corp. , 15 NY3d 578, 582 [2010]) and "was not intended to allow courts to create jurisdiction where it otherwise does not exist" ( Pierce v Village of Horseheads Police Dept. , 107 AD3d 1354 , 1356 [2013]).

11
Segway of New York, Inc. v. Udit Group, Inc.green
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017Contrary to Jack Anthony’s contention, under the circumstances of this case, the court providently exercised its discretion in declining to disregard the above-mentioned defects pursuant to CPLR 2001 (see Segway of N.Y., Inc. v Udit Group, Inc., 120 AD3d 789, 791 [2014]).

11
MacLeod v. County of Nassaugreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2013–2013
1 sentence

2013Since the essence of claimant’s argument in opposition to the motion is that the error in the late payment of his filing fee should be disregarded, its failure to expressly cite this provision in its initial motion papers does not prevent the court from granting relief thereunder (see MacLeod v County of Nassau, 75 AD3d 57, 63 [2d Dept 2010] [waiving defect under CPLR 2001 although plaintiffs “did not expressly cite” this provision]). .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Johns v. Van Brunt Motors, Inc. green
nyappdiv · 2011
2 sentences

2025Young v City of New York , 164 AD3d 711 [2d Dept 2018] [service of a digital copy of the order to show [*7]cause which omitted the page containing the return date]; Johns v Van Brunt Motors, Inc. , 89 AD3d 1188 [3d Dept 2011] [service of a summons with notice rather than service of the filed summons and complaint]; Deans v Sorid , 56 AD3d 417 [2d Dept 2008] [the envelope mailed to the defendant's business office failed to contain the precise language required under CPLR 308(2)]; Sahinis v Brunswick Hosp.

2025Young v City of New York , 164 AD3d 711 [2d Dept 2018] [service of a digital copy of the order to show [*7]cause which omitted the page containing the return date]; Johns v Van Brunt Motors, Inc. , 89 AD3d 1188 [3d Dept 2011] [service of a summons with notice rather than service of the filed summons and complaint]; Deans v Sorid , 56 AD3d 417 [2d Dept 2008] [the envelope mailed to the defendant's business office failed to contain the precise language required under CPLR 308(2)]; Sahinis v Brunswick Hosp.

12025–2025
Pierce v. Village of Horseheads Police Department green
nyappdiv · 2013
1 sentence

2020CPLR 2001, however, may be utilized only to cure technical infirmities or defects ( see Ruffin v Lion Corp. , 15 NY3d 578, 582 [2010]) and "was not intended to allow courts to create jurisdiction where it otherwise does not exist" ( Pierce v Village of Horseheads Police Dept. , 107 AD3d 1354 , 1356 [2013]).

12020–2020

Statutes the citing opinions construe

NY § N.Y. CPLR § 2001 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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