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George Bundy Smith, a former Court of Appeals judge, and Thomas J. Hall, partners with Chadbourne & Parke, write that the broad language of CPLR �3213 allows proceedings thereunder to be brought in cases that do not neatly fit the "prototypical" action on a negotiable instrument. Courts are careful, they conclude, to balance the plaintiff's entitlement to this accelerated procedure to avoid protracted litigation, with the defendant's right to have viable defenses heard.
February 26, 2009 at 12:00 AM
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