Litigation Nuts & Bolts – Page 2

September 11, 2020 by mjpospis

Pre-Preliminary Conference Discovery Motion Denied in Age/Disability Discrimination Case

In Mascaro v. Brant Publications, Inc., No. 152662/2019, 2020 WL 5229247 (N.Y. Sup Ct, New York County Aug. 28, 2020) – in which plaintiff asserts claims for age and disability discrimination under the New York State Human Rights Law – the court denied plaintiff’s motion (pursuant to CPLR 3124 and 3126) to compel responses to…

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August 17, 2020 by mjpospis

Sexual Harassment Deposition May be Attended by Defendant Representative, Court Rules

In Guillebeaux v. H.E.L.P. Homeless Services Corporation et al, 2020 WL 4731420 (S.D.N.Y. August 14, 2020) – a sexual harassment/hostile work environment case – the court denied plaintiff’s motion for reconsideration of the court’s earlier ruling declining to prevent a representative of defendant from attending the (remote) deposition of plaintiff. The court provides the following…

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September 4, 2019 by mjpospis

The “Preliminary Conference” in New York Practice

Litigation in New York courts is governed by rules set forth in the New York Civil Practice Law & Rules (CPLR), “Uniform Rules”, local/judges’ rules, and case law. Generally, in the New York Supreme Court – which, contrary to what its name implies, is the lowest trial-level court in the state court system – the…

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September 3, 2019 by mjpospis

The “Jackson Affidavit” in New York Practice

The so-called “Jackson Affidavit” – named after a First Department case, Jackson v. City of New York, 185 A.D.2d 768, 586 N.Y.S.2d 952 (1st Dept. 1992) – is frequently used in New York state court litigation to, in sum, confirm that documents requested as part of discovery have been searched for and not found. Jackson…

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August 15, 2019 by mjpospis

2d Dept.: Affirmation of Good Faith May Be Contained in Primary Affirmation

Motion practice in New York litigation is governed by a variety of overlapping provisions, including those set forth in the New York Civil Practice Law and Rules (CPLR), “Uniform Rules”, local/judges’ rules, and case law. Section 202.7 of the Uniform Civil Rules for the Supreme and County Courts, titled “Calendaring of motions; uniform notice of…

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March 19, 2017 by mjpospis

The Litigation Process

Every legal case is different. This is because there essentially is an infinite permutation of facts and circumstances that may give rise to a legal claim. Changing even one (seemingly inconsequential) fact, and you might very well get a different result. That said, lawsuits all have the same basic structure. Here I’ll outline the basic…

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February 27, 2014 by mjpospis

Citing Lack of Respect and Unfamiliarity With Rules, Court Denies Lawyer Admission Pro Hac Vice

Recently, in Southerland v. Woo, 99 Civ. 3329, 2014 WL 704327 (EDNY 2014), Eastern District of New York Judge Brian Cogan denied attorney Brian King admission pro hac vice – a legal term meaning admission “for this occasion only” – in the retrial of a civil rights matter brought by a father and his children against a former…

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