The police accident report, known in New York as a Form MV-104, is a document typically used in motor vehicle accident litigation. It memorializes various pieces of information relevant to the accident, including (among other things): When the accident occurred; Who was involved in the accident; Where the accident occurred; Descriptions of the involved vehicles;…
Read More The Police Report in New York Personal Injury LitigationIn litigation, “spoliation of evidence” occurs when a litigant, intentionally or negligently, disposes of crucial items of evidence before their adversary has an opportunity to inspect them. See generally New York Pattern Jury Instructions (PJI) 1:77; New York Motions in Limine § 9:24 (2024 ed.). As explained by the U.S. Court of Appeals for the…
Read More Spoliation of Evidence in New York Civil LitigationIn Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, and the New York State and City Human…
Read More Retaliation Claims, Predicated on Sexual Harassment Complaint, Survive DismissalIn Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s various discrimination claims asserted under federal law (namely, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities…
Read More Hostile Work Environment Claims Based on Race, Gender, Sexual Orientation, and Disability Survive Dismissal