New York Civil Practice
Law & Rules

MISTAKES, DEFECTS, IRREGULARITIES AND EXTENSIONS OF TIME

        2001. Mistakes, omissions, defects and irregularities.

        2002. Error in ruling of court.

        2003. Irregularity in judicial sale.

        2004. Extensions of time generally.

        2005. Excusable delay or default.



  S 2001. Mistakes, omissions, defects and irregularities. At any stage
of an action, the court may permit a mistake, omission, defect or
irregularity 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.



  S 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.



  S 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.



  S 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.



  S 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.