New York Civil Practice: CPLR (Weinstein, Korn & Miller)

Formerly Harold R. Medina Chair in Procedural Jurisprudence at Columbia University Law School; Formerly Director of Research for the New York State Advisory Committee on Practice and Procedure

General Editor

DAVID L. FERSTENDIG Currently a member of the Law Offices of David L. Ferstendig, LLC, New York, Mr. Ferstendig was a founding officer of the law firm Breindel & Ferstendig, P.C. He litigates a spectrum of civil and corporate matters, including contract, product liability, environmental, toxic torts, professional indemnity, reinsurance and insurance issues, and trade secrets. Mr. Ferstendig is also an adjunct law professor at New York Law School, where he teaches New York Practice. In addition to being the author of the LexisNexis AnswerGuide New York Civil Litigation, he is the General Editor of Weinstein, Korn & Miller, New York Civil Practice: CPLR and of the CPLR Manual, the General Editor and an author of CPLR Practice Insights in New York Consolidated Laws Service, an author of various Expert Commentaries on New York Civil Practice, and an update author of Timetable for New York Civil Practice from LexisNexis. He is also the immediate past Chair of the Civil Practice Law and Rules Committee of the New York State Bar Association. A graduate of New York University School of Law, Mr. Ferstendig has lectured on civil practice issues for bar associations, the New York State Judicial Institute, and LexisNexis.

Original Authors

HON. JACK B. WEINSTEIN, Senior U.S. District Judge, Eastern District of New York; Formerly Professor of Law, Columbia University Law School; Formerly County Attorney, Nassau County; Reporter to the Advisory Committee on Practice and Procedure, Temporary Commission on the Courts and New York State Legislature.

HAROLD L. KORN (deceased), Formerly Harold R. Medina Chair in Procedural Jurisprudence at Columbia University Law School; Formerly Director of Research for the New York State Advisory Committee on Practice and Procedure.

PROF. ARTHUR R. MILLER, Bruce Bromley Professor of Law, Harvard Law School; Formerly Reporter for and Member of Advisory Committee on Civil Rules of the Judicial Conference of the United States; Formerly Reporter for American Law Institute’s Project on Complex Litigation.

David L. Ferstendig, Esq.

Currently a member of Law Offices of David L. Ferstendig, LLC, New York, Mr. Ferstendig was a founding officer of the law firm Breindel & Ferstendig, P.C. He litigates a spectrum of civil and commercial matters, including breach of contract, products liability, toxic tort, insurance and reinsurance coverage, jewelers’ block, political risk, environmental liability, trade secret, and professional indemnity. Mr. Ferstendig is also an adjunct law professor at Brooklyn Law School and New York Law School, where he teaches New York Practice. He is the General Editor of Weinstein, Korn & Miller New York Civil Practice: CPLR (LexisNexis), the premier 15-volume litigation treatise cited regularly as authoritative by New York State and Federal courts; author of Ferstendig, Chase New York CPLR Manual (LexisNexis) and LexisNexis AnswerGuide New York Civil Litigation; and General Editor of CPLR Practice Insights, published in New York Consolidated Laws Service (LexisNexis). He has written articles for the New York Law Journal, authored a law review article entitled: “A Practitioner’s Continued Uncertainty: Disclosure from Nonparties,” 74 ALB. L. REV. 731 (2010/2011) and was a panelist at New York University School of Law in March 2013 for the symposium entitled “The CPLR at Fifty: Its Past, Present, and Future” which resulted in the publication of his remarks, “The CPLR: A Practitioner’s Perspective.” Mr. Ferstendig has co-authored two law review articles with Professor Oscar Chase of NYU Law School entitled: Chief Judge Kaye: Improving the Pace and Integration of Litigation, 92 N.Y.U. L. REV. 11 (2017) and Should Counsel for a Non-Party Deponent be a “Potted Plant”?, 2014 N.Y.U. J. Legis. Pub. Pol’y Quorum 52. Mr. Ferstendig has provided expert testimony interpreting the meaning and application of New York law and has been quoted as an expert on procedure in New York in The Washington Post. He was also a 2015 and 2011 recipient of New York Law School’s Otto L. Walter Distinguished Writing Award. A graduate of New York University School of Law, Mr. Ferstendig has lectured on civil practice issues for bar associations, the New York State Judicial Institute and LexisNexis. He is a member and past Chair of the CPLR Committee for the New York State Bar Association. Effective with the May, 2015 edition, Mr. Ferstendig became the Editor of the New York State Law Digest. He is a faculty member selected by the New York State Board of Law Examiners to present New York Civil Practice and Procedure to bar examination candidates as part of the New York Law course.