Legal Opinion

Grskovic v. Holmes

Appellate Division of the Supreme Court of the State of New York

Decided October 9, 2013PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Dillon, J.

I. Introduction

The State of New York has moved toward the electronic filing *236(hereinafter e-filing) of court documents in the Supreme Court (see 22 NYCRR 202.5-b, 202.5-bb). Perhaps not unexpectedly, there are glitches associated with the initiation of the new e-filing system. This appeal addresses the extent to which courts may utilize CPLR 2001 to remedy defects in the e-filing of summonses, summonses with notice, and complaints, when the defect results in a statute of limitations problem for the filing party.

II. Relevant Facts

On May 30, 2008, the plaintiff…

2Cases cited5 opinions

  1. Fry v. Village of TarrytownNew York Court of Appeals · 1997
  2. Gershel v. PorrNew York Court of Appeals · 1996
  3. Goldenberg v. Westchester County Health Care Corp.New York Court of Appeals · 2011
  4. Harris v. Niagara Falls Board of EducationNew York Court of Appeals · 2006
  5. MacLeod v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by14 opinions

  1. Mackauer v. ParikhAppellate Division of the Supreme Court of the State of New York · 2017
  2. O'Brien v. ContrerasAppellate Division of the Supreme Court of the State of New York · 2015
  3. Wesco Insurance v. VinsonAppellate Division of the Supreme Court of the State of New York · 2016
  4. Bank of N.Y. Mellon v. SilverbergAppellate Division of the Supreme Court of the State of New York · 2022
  5. Wells Fargo Bank, NA v. GonsalvesNew York Supreme Court · 2014

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