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,...
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...
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,...