Sunday, November 30, 2008

A Good Place to Start: Parties Generally

CVP ARTICLE 10
PARTIES GENERALLY

1001. Necessary joinder of parties.
(a) Parties who should be joined.
(b) When joinder excused.
1002. Permissive joinder of parties.
(a) Plaintiffs.
(b) Defendants.
(c) Separate relief; separate trials.
1003. Nonjoinder and misjoinder of parties.
1004. When joinder unnecessary.
1006. Interpleader.
(a) Stakeholder; claimant; action of interpleader.
(b) Defensive interpleader.
(c) Effect of pendency of another action against
stakeholder.
(d) Abolition of former grounds for objection.
(e) Issue of independent liability.
(f) Discharge of stakeholder.
(g) Deposit of money as basis for jurisdiction.
1007. When third-party practice allowed.
1008. Answer of third-party defendant; defenses.
1009. Claim by plaintiff against third-party defendant.
1010. Dismissal or separate trial of third-party complaint.
1011. Successive third-party proceedings; counterclaims.
1012. Intervention as of right; notice to attorney-general,
city, county, town or village where constitutionality in
issue.
(a) Intervention as of right.
(b) Notice to attorney-general, city, county, town or
village where constitutionality in issue.
(c) Notice to comptroller of the state of New York where
public retirement benefits are in issue.
1013. Intervention by permission.
1014. Proposed intervention pleading.
1015. Substitution upon death.
(a) Generally.
(b) Devolution of rights or liabilities on other
parties.
1016. Substitution of committee or conservator.
1017. Substitution in case of receivership or dissolution of a
corporation.
1018. Substitution upon transfer of interest.
1019. Substitution of public officers.
1020. Substitution of indemnitors for executing or attaching
officer.
1021. Substitution procedure; dismissal for failure to
substitute; presentation of appeal.
1022. Substitution: extension of time for taking procedural
steps.
1023. Public body or officer described by official title.
1024. Unknown parties.
1025. Partnerships and unincorporated associations.
1026. Review of determinations by administrative officers of the
unified court system.

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