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…
Read More The Litigation ProcessToday I appeared in Bronx Supreme Court on behalf of a plaintiff in a personal injury (trip-and-fall) case. The defendant had made a motion to strike the case from the trial calendar (due, in part, to its claim that plaintiff still owed it discovery) and to change the venue to another (less plaintiff-friendly) county. I was…
Read More New York Motion Practice: The “Affirmation of Good Faith” RequirementIn Connolly v. 129 East 69th St. Corp., a personal injury trip-and-fall case, one defendant moved for summary judgment to dismiss plaintiff’s case. The Supreme Court granted the motion. The Appellate Division, however, reversed that decision, finding that the defendant filed its motion one day after the motion filing deadline: Supreme Court’s individual part rules…
Read More Summary Judgment Motion Filed One Day Late Deemed Untimely in Personal Injury CaseIn Quinones v. Cornell Univ, 2014 NY Slip Op 00882 [114 AD3d 472] (App. Div. 1st Dept. Feb. 11, 2014), the Appellate Division, First Department affirmed a decision by New York Supreme Court Judge Shlomo Hagler to disallow an untimely motion for summary judgment by defendant. Plaintiff sued Cornell alleging employment discrimination based upon national origin and…
Read More Employment Discrimination Defendant Denied Opportunity to File Untimely Summary Judgment Motion