The so-called “Jackson Affidavit” – whose name is derived from 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 where one party claims that documents sought in discovery do not exist and/or have not been…
Read More The “Jackson Affidavit” in New York PracticeMotion 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…
Read More 2d Dept.: Affirmation of Good Faith May Be Contained in Primary AffirmationEvery 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…
Read More The Litigation ProcessRecently, 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…
Read More Citing Lack of Respect and Unfamiliarity With Rules, Court Denies Lawyer Admission Pro Hac Vice