Civil Practice Law and Rules (CPLR) 10: Parties

This flashcard set covers the vocabulary and foundational concepts of CPLR 10, including Joinder, Interpleader, Impleader, Intervention, and Substitution of Parties, as detailed in the lecture notes.

Plaintiff

The person or entity who files a complaint against the defendant(s) to initiate a lawsuit.

CPLR 1001 (Necessary Joinder)

A rule requiring that people who are needed for the court to order complete relief, or who might be inequitably affected by a judgment, be joined to the action.

CPLR 1002 (Permissive Joinder)

A rule allowing parties to join a lawsuit if they assert a right to relief jointly, severally, or arising from the same transaction when a common question of law or fact exists.

Joint Liability

A situation where multiple people are liable to the plaintiffs, allowing them to be joined in the case as defendants.

Leave of Court

A court order required to join parties at any time outside specific statutory windows, such as after the initial $20$ days of service of the summons.

Misjoinder

The act of joining someone as a party who should not have been joined; it is not grounds for dismissal of the action according to CPLR 1003.

CPLR 1006 (Interpleader)

A mechanism used when a stakeholder may be exposed to multiple liability from conflicting claims, allowing them to join all potential plaintiffs into one lawsuit.

Stakeholder

A person, such as an insurance company holding policy proceeds, who may be exposed to multiple liability as a result of adverse claims.

Claimant

A person who has made, or can be expected to make, a claim against a stakeholder's property or limited funds.

Discharge of Stakeholder

A process under CPLR 1006(f) where a stakeholder, after joining claimants, moves to be removed from the action, often by paying the disputed amount into court.

CPLR 1007 (Impleader/Third-Party Practice)

The procedure where a defendant joins a new party (Third-Party Defendant) to share in or assume liability for the plaintiff's claim.

CPLR 1012 (Intervention as of Right)

A mandatory requirement for the court to allow an outside person to join a lawsuit when a statute confers the right, representation is inadequate, or the person's interest in property is affected.

CPLR 1013 (Intervention by Permission)

A discretionary process where the court may allow an outside person to join a lawsuit if their claim or defense shares a common question of law or fact with the main action.

NYS Attorney General Notice (CPLR 1012(b))

The mandatory notification required to be sent by the court when the constitutionality of a statute, rule, or regulation is challenged in a lawsuit.

NYS State Comptroller Notice (CPLR 1012(c))

The mandatory notification required by the court whenever public retirement benefits or the interpretation of laws governing such benefits are at issue.

Substitution of Parties (CPLR 1015-1020)

The court-ordered process of replacing a party with a proper successor or representative due to events like death, incompetency, or transfer of interest.

Post-Judgment Substitution Time Limit

If the event necessitating substitution occurs after a judgment is made, the motion for substitution must be made within $4$ months after the event.