Attorney Publication

08/19/2024

Owen Wolfe and Eddy Salcedo Write on CPLR Section 5704 in New York Law Journal

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Seyfarth’s Owen Wolfe and Eddy Salcedo co-authored an article, “CPLR 5704 Is a Powerful, but Poorly-Defined, Tool That Highlights Department Differences,” in the New York Law Journal on August 19. The Seyfarth attorneys discussed how CPLR Section 5704 (“Review of ex parte orders”) provides an avenue for Appellate Division review of a refusal to sign an order to show cause but New York courts are failing to provide guidance on such applications.

“The lower courts and litigants would be well served by the Departments adopting a clear, uniform substantive and procedural guidelines for CPLR Section 5704 applications to reduce confusion and inconsistency.”

You can read the full article here.