Article 20. Mistakes, Defects, Irregularities and Extensions of Time

NY CPLR § 2001. MISTAKES, OMISSIONS, DEFECTS AND IRREGULARITIES

At any stage of an action, including the filing of a summons with notice, summons and complaint or petition to commence an action, the court may permit a mistake, omission, defect or irregularity, including the failure to purchase or acquire an index number or other mistake in the filing process, to be corrected, upon such terms as may be just, or, if a substantial right of a party is not prejudiced, the mistake, omission, defect or irregularity shall be disregarded, provided that any applicable fees shall be paid.

NY CPLR § 2002. ERROR IN RULING OF COURT

An error in a ruling of the court shall be disregarded if a substantial right of a party is not prejudiced.

NY CPLR § 2003. IRREGULARITY IN JUDICIAL SALE

At any time within one year after a sale made pursuant to a judgment or order, but not thereafter, the court, upon such terms as may be just, may set the sale aside for a failure to comply with the requirements of the civil practice law and rules as to the notice, time or manner of such sale, if a substantial right of a party was prejudiced by the defect.  This section does not apply to judicial sales made pursuant to article 9 of the uniform commercial code.

NY CPLR § 2004. EXTENSIONS OF TIME GENERALLY

Except where otherwise expressly prescribed by law, the court may extend the time fixed by any statute, rule or order for doing any act, upon such terms as may be just and upon good cause shown, whether the application for extension is made before or after the expiration of the time fixed.

NY CPLR § 2005. EXCUSABLE DELAY OR DEFAULT

Upon an application satisfying the requirements of subdivision (d) of section 3012 or subdivision (a) of rule 5015 , the court shall not, as a matter of law, be precluded from exercising its discretion in the interests of justice to excuse delay or default resulting from law office failure.

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