Counterclaims in New York Supreme Court–the Rules of Civil Procedure

A counterclaim is initiated upon service of the pleading containing it. CPLR 203(d). Counterclaims are subject to the same statute of limitations provisions found in Article 2 of the Civil Practice Law and Rules. Notwithstanding the expiration of time under the statute of limitations, if a counterclaim was not time-barred at the time the original complaint was filed, it may be asserted during the pendency of that action. CPLR 203(d).

Discovery in Foreign Jurisdictions

  Discovery in foreign jurisdictions has traditionally been problematic, and costly, for all parties involved in litigation, most especially for nonparty witnesses residing in another state. In 2007, the Uniform Law Commission formally addressed this issue with the promulgation the Uniform Interstate Depositions and Discovery Act. Under this Act, known as UIDDA, litigants from the … Read more…