March 31, 2020 – A Boon To The Bar: NYS Court of Appeals Limits Scope of Judiciary Law § 487 In Lawsuits Against Counsel 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...
Civil Appeals
When is an error of law grounds for an appeal?
When is an error of law grounds for an appeal? 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...
Second Department Rules That Even On A Friday, “Overnight Delivery” Means Exactly That
Second Department Rules That Even On A Friday, "Overnight Delivery" Means Exactly That 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...
Appellate court upholds punitive damages in a medical malpractice case based upon a physician’s destruction of medical records.
Appellate court upholds punitive damages in a medical malpractice case based upon a physician's destruction of medical records. In what appears to be a case of first impression in this state, the Appellate Division, Second Judicial Department, has upheld an award of...