Joshua S. Bauchner, Esq. recently published an article in the September 12, 2014 issue of the New York Law Journal entitled “Let Them Plead in the Alternative.” The right to plead claims in the alternative is well established in New York state practice and jurisprudence. Yet, courts often seek to “streamline” cases at the very nascent stages of a litigation by dismissing so-called “duplicative” claims seeking alternative forms of relief. This practice defies the permissive pleading standards embodied in the CPLR and often risks imposing unnecessary complexity and prejudice into the litigation for no useful reason.
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Reprinted with permission from the September 12, 2014 edition of the “New York Law Journal.” © 2014 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. ALMReprints.com – 877-257-3382 – reprints@alm.com.
