Banks v. Leef

OPINION OF THE COURT

Arthur S. Kirsch, J.

This motion, basically involving the application of CPLR 5222 (subd [d]) presents a novel question of law. It appears that this is the first instance in which this recent amendment to CPLR 5222 has been presented for judicial determination. The complexities surrounding the amendment (and others enacted at the same time) are stated in Professor Siegel’s commentaries to the CPLR wherein he indicates “[tjhese amendments are ambiguous at best, but they do appear to be a well-intentioned if not talented effort to meet constitutional objections” (Siegel,…