§ 1572. Application of certain provisions to various courts. A provision of this act which is a substantial re-enactment of a provision of the code of civil procedure which, by the terms of such code, was expressly made applicable to a specified court or courts, shall be applicable to the same court or courts in the same manner and to the same extent as the former provision. Source CCP § 3347 in part-Revisers' Note. Original CPA § 1534 renumbered § 1572 by L 1921, c 199, § 14. Star (*) means read Not into note heading. Appellate division: provisions applicable-Mandamus against chamberlain of CofNY to pay state treasurer funds paid into court by public administrator and remaining there over twenty years (Maltbe 172 NYS 483). City court of Elmira: provisions applicable-Replevin bond, amendment of, CCP § 730 (Rich 64 NYS 333). (Delbon 165 NYS 534). *Costs, taxation of: fee of witness called by plaintiff (Leczycki 144 NYS 398), making and serving amendments on appeal from (StandardSCo 165 NYS 81). *Dismissal of case marked "reserved generally" and never restored to trial calendar (Junk 151 NYS | 63). *Dismissal of complaint in final judgment preventing new action for same cause, CCP § 1209 (Stecher 45 Mis 340, 90 NYS 332). *Interpleader by order (See Jacobs 51 AD 542, 64 NYS 953). Judgment: amendment of, by correcting defendant's name (Kriegelman 155 NYS 355; Corn 133 NYS 447), *after defendant has become nonresident (Schallock 152 NYS 226), order for on less than two days notice (Porter 149 NYS 956), *vacation of (LaSpina 126 NYS 88), under CCP tit 3, c 11 (Barron 51 Mis 589, 101 NYS 72). Judgment on pleading (Maune 124 NYS 504; Roberts 62 Mis 261, 114 NYS 898) under CCP § 547 (Martin 62 Mis 490, 115 NYS 64). *Limitation upon uniting separate causes of action (Mackey 78 Mis 145, 137 NYS before trial (Scheidlinger 94 Mis 322, 158 NYS 27; *Mitchell 158 NYS 31). *Parties, action by one of numerous, under CCP § 448 (Reed 51 Mis 574, 101 NYS 39). *Security for costs required of nonresident (Chapman 115 NYS 160). *Service of papers by mail (Schallock 152 NYS 226). *Service of summons upon corporation (Doykos 127 NYS 227). *Staying proceedings for nonpayment of costs under CCP 779 (Hirschfield 59 Mis 154, 110 NYS 264; Gross 56 Mis 649, 107 NYS 806). Suspension of lien of judgment filed with county clerk (Danzillo 148 NYS 996). City court of NYCity: provisions applicableActions, consolidation of, CCP § 817 (Bush 2 NYS 391). Appeals under CCP § 1000 (Dickson 45 Mis 572, 91 NYS 36). Body execution (Welnus 170 NYS 173). Default judgment (Hein 184 NYS 78). Interpleader by order (USM&TCO 130 NYS 303; Krugman 45 Mis 346, 90 NYS 448; Wells 87 NYS 480), CCP $ 820 (Smith 2 NYS 617) Equitable defenses CCP 8 507 (Mack 20 AbNC 293), equitable defense in action at law (Oppenheimer 154 AD 593, 139 NYS 894). Exe-929). Order for examination of adverse party cution: recital of, presumptive evidence, CCP § 1471 (Goldman 49 Hun 157, 1 NYS 599), stay of without undertaking CCP 88 772, 1005 (Margolies 34 Mis 405, 69 NYS 646). Judgment amendment of by correcting defendant's name (Fisher 147 NYS 390). Jurisdiction in actions against executors and administrators CCP § 316 amended by L 1889, c 441 (Knoop 11 NYS 773). Stay of proceedings pending payment of costs in former action (Murphy 125 NYS 624). de City court of Niagara Falls: provisions applicable -Amendment of judgment by correcting fendant's name (Gianfrancheschi 146 NYS 859). Common pleas: provisions applicable-Actions, consolidation of CCP § 818 (Sire 15 Daly 40, 3 NYS 533; 22 AыNC 621). Exercising of surrogate's powers (Gilman 17 NYS 494). on County court: provisions applicable-Costs, reversal of order granting new trial CCP § 3251, subd 4 (Cusick 47 Hun 455). New trial in actions originating in Justice's Court, CCP § 999 (Hinman 34 Hun 178). Courts of appeals: provisions applicable-*Preference, causes entitled to, CCP § 791 (Nichols 135 NY 634). Court of claims: provisions applicable-Findings, CCP 1022 (Ostrander 192 NY 415). District court: provisions applicable-Costs for removal of action CCP c 21, tits 1--3 (Levene 62 AD 195, 70 NYS 913; Mattes 19 NYS 222). Execution, issuance of after 5 years from entry of judgment, order of court necessary (Herrman 15 Daly 290, 6 NYS 514). General sessions: provisions applicable-Appeal of bastardy proceedings to general term upon common law writ of certiorari (PxFuller 29 Hun 47). Justice's court: provisions applicable-Affidavit of justification, amendment of, CCP 88 728-730 (Bell 25 AD 461, 50 NYS 982; Clark 69 Hun 445, 23 NYS 447). Appeal_to_county courts, CCP §§ 3070--3073 (Zoller 45 Hun 319). *Arrest, CCP § 549 subd 4 (Connor 117 AD 349, 102 NYS 427). Complaint, amendment of, CCP § 723 (Argersinger 54 Hun 613, 7 NYS 923). Costs: additional, CCP § 3258 (Porter 25 Iun 184), *under CCP § 3245 (Marsh 31 Hun 514). Dam ages power to treble, CCP § 1184 (Layton 61 AD 447, 70 NYS 679). Judgment, amendment of by inserting correct name of defendant (Furantz 163 NYS 700). Jurors: objection to disqualification to be taken within six months, CCP § 1166 (Bradt 81 AD 295, 81 NYS 105), peremptory challenge of, CCP § 1176 (Lasher 68 NYS 845). Municipal court of New York City: provisions applicable-Appeal from judgment ordering new trial, settled case on (Rubin 125 NYS 546). Attachment undertaking, ammendment of, CCP 88 729, 730 (Finn 65 NYS 250). Body execution Municipal courts: provisions applicable-Amendment involving new cause of action or defense under CCP §§ 723, 2944 (Shirtcliffe 68 AD 375, 74 NYS 189). Oyer and terminer: provisions applicable-County of Seneca: drawing jurors CCP §§ 1027, 1062 (PvJohnson 110 NY 134). Special sessions: provisions applicable-Appeal from in bastardy proceedings, under CCP §§ 1237, 1353 (PxThomann 60 Mis 414, 113 NYS 581). Superior court: provisions applicable-Actions, consolidation of, CCP 8 818 (Carter 19 NYS 244). Supreme court: provisions applicable-Amendment in summary proceedings, CCP 88 723, 3347 subd 6 (Rogers 28 Mis 242, 58 NYS 1073). Condemnation proceedings not abated by transfer of stock of lessor corporation (NYEIRCO 17 NYS 778; MetropolitanEIRCO 12 NYS 506). Costs, CCP § 3347 subd 7 (Snyder 26 Hun 325). New trial CCP §§ 2548, 2588 (Clark 40 Hun 233). Surrogate: provisions applicable-Abatement of special proceedings, CCP § 755 (Camp 81 Hun 387, 30 NYS 884; Smith 1 HowNS 64). Appeal: from decree probating will, CCP c 14-20 (Gates 26 Hun 181), from proceedings to punish for contempt (Dissosway 91 NY 235), necessity of findings, mere notice insufficient, CCP § 2574 (Sayre 3 NYS 388). Contempt proceedings, CCP $ 2555 (Snyder 34 Hun 302). Costs: allowance before payment of sale proceeds (Laird 42 Hun 136), attorneys not liable for, CCP § 3278 (Rasch 28 CivP 98, 55 NYS 434), limiting allow ance in lieu of, CCP 88 308, 309 (Gray 91 NY 502). Decree, vacation of, governed by CCP § 3347, subd 8 (Telden 98 NY 434). Execution, necessity of docketing decree, CCP $ 2554 (Bing ham 33 Hun 211). Judgment, entry of, after death of party not allowed (Stewart 153 NYS 453; Smith 1 HowNS 64). *Parties, additional, CCP § 452 (Telden 5 CivP 449), substitution of, CCP § 756 (Telden 5 CivP 449). Sale of decedent real estate, proceeding for unheated prior to September 1, 1880, CCP 3347 subd 11 (PxNash 31 Hun 317). Statute in force prior to August 31, 1880 govern (Allen 8 NYS 182). | phenson 5 NYS 749; Moreuns 51 Hun 89, 5 Trust funds, deposit of, under CCP § 813 (Chesterman 75 AD 573, 78 NYS 345). NYS 453; Pruyn 44 Hun 587; RepublicofMexico 37 Hun 536; PvCohocton 25 Hun 13; Goldman 21 AbNC 362; Rochester 19 AbNC 421; Andrews 53 Supr 522; Schultz 49 Supr 95; Goldman 14 CivP 392; Gilman 12 CivP 179; Singer Cited as to Criminal cases in courts of record § 1572-a. Effect given statutory references to code of civil procedure. A reference in any statute to the code of civil procedure or to any provision thereof shall be deemed to be a reference according to the fair intendment thereof to the civil practice act or to a corresponding provision thereof or of any other statute enacted or rule of court adopted in the years nineteen hundred and twenty or nineteen hundred and twenty-one in connection with or by reason of the repeal of such code. Source-New, as added by L 1922, c 85, in effect March 7, 1922. 1573. Existing rights preserved. The provisions of this act, or the repeal of any provision of the code of civil procedure thereby, shall not affect or impair any act done or right accrued or acquired, or any liability, penalty, forfeiture or punishment incurred or imposed, or any limitation or defense accrued or established, prior to its enactment, but the same may be asserted, enforced, prosecuted or inflicted in the same manner and to the same extent as if this act had not been passed. Source CCP § 3352-Revisers' Note. Original CPA § 1535 renumbered § 1573 by L 1921, c 199, § 14. 13 AbNC 413), only those cases exempt in which Star (*) means read Not into note heading. § 1574. Posting or publication under special statutes. Each provision of this act, requiring the publication of a summons, notice, or other paper, in one or more newspapers, or authorizing or requiring a court, or a judge, to designate one or more newspapers, in which such a publication must be made, or requiring the posting of a notice or other paper, is to be construed as not affecting any special provision of the statutes, remaining unrepealed after the former provision takes effect, prescribing one or more particular newspapers, in which such a publication must or may be made, or one or more particular places in which notices or other legal papers must or may be posted, in a particular locality, or in a particular case. Source CCP § 3340 unchanged-Revisers' Note. [ Original CPA § 1536 renumbered 1574 by L 1921, c 199, § 14. § 1575. Special statutes applicable to actions against the city of New York. Each provision of this act is to be construed as not affecting any special provision of the statutes, remaining unrepealed after the former provision takes effect, which is applicable exclusively to an action against the mayor, aldermen, and commonalty of the city of New York, including the recovery, entry, and collection of a judgment in such an action. Source CCP 3341 unchanged-Revisers' Note. | Personal injury action against city outlawed in § 1576. Term and tenure of office. This act shall not affect the title or tenure to any office or employment or the salary or emoluments thereof, but the same shall continue as heretofore until modified or abolished. Source CCP 3354-Revisers' Note. Original CPA § 1538 renumbered § 1576 by L 1921, c 199, $14. 81577. Repeal of code of civil procedure. Chapter four hundred and forty-eight of the laws of eighteen hundred and seventy-six, chapter one hundred and seventyeight of the laws of eighteen hundred and eighty, and all statutes amendatory thereof and supplementary thereto, which constitute the code of civil procedure, are hereby repealed. Source-New-Revisers' Note. Original CPA § 1539 renumbered § 1577 by L 1921, c 199, § 14. 1578. When act takes effect. This act shall take effect on October first, nineteen hundred and twenty-one. Source Original CPA § 1540, renumbered § 1578 | the Civil Practice Act from April 15, 1921, until by L 1921, c 199, § 14, amended by L 1921, October 1, 1921. c 199, § 26, to postpone the operative effect of INDEX Civil Practice Act, Rules of Civil Practice, Consolidated Laws Practice Provisions (References are to Sections of the Civil Practice Act unless otherwise noted.) Abandonment. See also Want of Prosecution. as cause for separation action condemnation proceedings of claim as to chattels not replevied.. of summons or pleading for failure to file.. C. P. A. SECTION .1161 Condemnation law, 18 1117 100 282 of motion, effect of receiving answer or reply pending. Abatement and Continuance action, by executor or administrator or appointed person, effect of by or against unincorporated association... General Associations or proceeding to which merged bank is party not to abate by law, 14 82 .Banking law, 494 to recover a chattel, after death of either party.. .1131 to which consolidated corporation is a party not to abate by consolidation Business Corporations law, 11 where name of deceased person used in partnership transaction. 223 attachment, annulment on abatement of action..... 7 change of place of term of court, effect on actions, process or proceedings 92 consolidation or merger of insurance corporations not to abate action ..Insurance law, 129 continuance, after amendment requesting proper remedy. after death or removal of public officer or trustee. by proper parties after death or marriage of plaintiff. of bond or undertaking after change of parties.. 111 90 88 148 of trial beyond term 436 criminal action, effect of failure of term...Code Criminal Procedure, 10-e death of one of several parties, proceedings on. 85 proceedings when cause survives 86 death of party, before verdict or entry of judgment, effect on action. 478 cross-actions after 87 new parties after .85-87 action death of sole party, continuance of action after. 84 14 or marriage of plaintiff, order of court after... devolution of liability, continuance of action after. exception, where special provision made extension of time by court or judge.... 88 83 91 99 Abatement and Continuance - Concluded C. P. A. failure or adjournment of term of court, effect on action, process or proceedings merger of credit guaranty corporation does not abate action. 92 Insurance law, 179 of employers' liability, etc., corporations does not abate action.. Insurance law, 195 notice of pendency, cancellation after abatement of action.. notices required for, method of service.. nuisance 123 90-a Real Property law, 529 personal injury, survival of action for damages after death of party. 89 seduction, survival of action to mother after death of father.. special proceeding, continuance before another officer.. no abatement if right to relief survives.. special provision of law, exception in case of.. substituted officer, proceedings before transfer of interest, continuance of action after. trial, continuance beyond term Abbreviations use in papers permitted Absentees. See also Nonresident. attachment against, when authorized .... designation of person on whom to serve summons. from state, effect of absence on time for action. in foreclosure action 89 93 82 91 94 83 436 Rule, 10 903 227 19 Rule, 256, 257 348 .1064 . Rule, 247 206 224 341 232 227 239 288 in military or naval service, testimony on former trial as evidence on new hearing in partition action, investment of shares. reference on default or admissions. infant defendant absent from state, appointment of guardian ad litem for service of summons by delivery to guardian ad litem. presumption of death after seven years' absence... service of summons, by publication, order for.. on person designated by on resident guardian ad litem for absent infant defendant. taking testimony of, by deposition... Abstract Companies. See also Title Insurance, Abstract or Searching searches by, allowance as disbursement in bill of costs. of title guaranty companies, use in certain actions..Insurance law, 182-a Account. See also Bill of Particulars order for service of further account when defective one delivered. 246 verification of 246 court funds; custodian's books in proceeding by sureties for discharge from bond.. State Finance law, 44-d 158 .1378-1381, 1383 ..1403 items, necessity for pleading particulars of 246 .246, 247 partnership, continuance of business during action for accounting.. receiver, requirement of notice to sureties on accounting.. Partnership law, 75 976 |