New York Law
JUST SIGNED: Governor Expands Use of Affirmations in Civil Cases
Governor Hochul has signed S.8195, which many practitioners will recognize as the expansion of use of Affirmations in lieu of Affidavits in all civil matters. This does not solely impact summary-judgment motions.
Chipping Away at Fraud Article
This battle has been going on for several years and continues. We previously told you about a recent First Department case “Is the Tide Turning” where the Appellate Division allowed a plaintiff to be questioned at his deposition about RICO suits.
Trending: Court of Appeals Slams Door on Expanded Liability
It is a never-ending battle. Plaintiffs seek new ways to expand liability, and defendants resist and urge courts to hold the line on expanding liability. Recently, the New York Court of Appeals declined an invitation to expand liability to allow recovery for emotional suffering in medical...
Good News for Judgement Creditors: No New York Ties? No Problem
Obtaining a judgment in a case is one thing, but knowing what to do with that judgment is equally important. Knowing what to do with a judgment can make the difference between satisfying that judgment with assets or having a worthless paper judgment.
Trending: Courts Push the Envelope to Find Liability in Tragic Situations
Two recent cases demonstrate how courts can expand liability to find responsibility. While these cases are in the preliminary stages, they provide insight into how the plaintiffs’ bar is using novel theories to attempt to establish liability.
Client Alert: New York Commercial Division Formalizes Process for Amicus Curiae Briefs -What Business Litigants Need to Know
Attention to changes with court rules is essential, as they can alter litigation dynamics. The New York State Unified Court System’s new rule concerning amicus curiae briefs in the Commercial Division formalizes a uniform process for third-party input in high-stakes commercial disputes.
No Expanded Duty: Appellate Division Rejects Creating New Duty for Rental Companies
The New York Appellate Division, First Department recently issued a decision with significant implications for the motor-vehicle rental industry, rejecting a potential significant expansion of liability.
Fear No More - Court of Appeal Rejects Treble Damages Against Municipality
The New York Court of Appeals recently addressed whether treble damages can be assessed against a municipality. In Rosbaugh v Town of Lodi, the Court concluded that even though a statute—here RPAPL 861—provided for treble damages, a court cannot assess that category of damages against a municipality.
