In Bill Birds, Inc. v. Stein Law Firm, P.C. (__ NY3d __ [March 31, 2020]; 2020 NY Slip Op 02125), the Court of Appeals recently affirmed the Second Department’s unanimous reversal and dismissal of plaintiffs’ claim under Judiciary Law § 487(1) against their former...
When you go through the trial process, you count on the professionals to make the right decision. Even if the verdict is not in your favor, you hope that they will be able to apply the law correctly to the facts of your case. The courtroom, however, is full of people,...
Every story has at least two sides. As you go through the trial process, it can seem like there are a lot more than two sides to a story that originally was simple. As both sides present the facts of your case, it can seem like you are telling very different stories,...
While many issues connected to the service of litigation papers under the CPLR have been lessened by the advent of electronic filing, some issues remain. Surprisingly, one such issue appears to have been the proper effectuation of service upon counsel via overnight...
Though the American Bar Association has rules dealing with lawyer's conflicts on interests, the exact phrase has not been defined. However, when New Yorkers hear the term, one immediately forms negative associations and rushes to judgment against the lawyer in...
In what appears to be a case of first impression in this state, the Appellate Division, Second Judicial Department, has upheld an award of punitive damages in a medical malpractice case, based upon a physician's destruction of medical records. The case in question,...
The approval of new statewide rules for the New York Supreme Court Appellate Division, one of which reduced from nine months to six the period for perfecting appeals, is expected to result in the automatic dismissal of a passel of civil appeals not perfected by Sept....
While most conscientious appellate practitioners have long-since set a calendar alert for September 17, 2018, marking the effective date for the sweeping changes ushered in by the new "Practice Rules of the Appellate Division" (22 NYCRR Part 1250), most trial...