By Marc H. Pillinger. After a feverish battle with cancer, in the late evening of September 18th 2020, Ruth Bader Ginsburg passed away. Ginsburg leaves a lasting legacy on environmental...
HOT TOPICS – Ginsburg’s Lasting Green Impact
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Pillinger Miller Tarallo, LLP Archives
Case by Case: Recent Court of Appeals Decision – Labor Law: Maybe Things Aren’t Changing After All
By Marc H. Pillinger. The Court of Appeals in the case of Bianca-Neto v. Boston Road II Housing Development Fund Corp., 34 N.Y.3d 1166, 121 N.Y.S.3d 753 (2020), in a 4/3 decision, has arguably used...
Unprecedented Business Disruptions Caused by the COVID-19 Crisis
By Daniel O. Dietchweiler and Marc H. Pillinger. Unprecedented business disruptions caused by the COVID-19 crisis have shuttered many non-essential businesses including retail stores, restaurants,...
Changes in Kings County As To Jury Selection and New Mandatory Alternative Dispute Resolution
By Marc H. Pillinger. New trial procedures will be going into effect on January 1, 2020, in Kings County. When you select a jury after January 1, 2020, when you finish picking, you will immediately...
Case by Case: Court of Appeals: Out-of-Possession Landlord
By Wendy Eson and Marc H. Pillinger. In a recent decision, He v. Troon Mgmt., Inc., 2019 WL 5429374 (N.Y. Oct. 24, 2019), the Court of Appeals [reversed the First Department and] held that an...
New York Courts to Begin Presumptive Mediation for Civil Cases (ADR)
By Marc H. Pillinger. By the end of this year, New York State Courts are set to have a system in place requiring civil litigation to attempt to be resolved through presumptive mediation, rather than...
Independent medical examination observer notes are privileged
By Marc H. Pillinger. The First Department, Appellate Division, in March 2019, addressed an issue of the first impression and ruled that notes created by an observer of an independent medical exam...
If the Contract/Insurance Policy Doesn’t Say It Specifically, You Might Not Have It
By Marc H. Pillinger. This is a first for PMT. We have never before reported on two cases together. However, this is a special circumstance as these cases read together are “game changers” when it...
Court of Appeals: Showing of absence of comparative negligence not required in moving for summary judgment.
By Edward J O’Gorman and Marc H. Pillinger. On April 3, 2018, New York’s highest state court, in Rodriguez v. City of New York, 2018 NY Slip Op. 02287, held, in a 4 to 3 decision, plaintiff...
Court of Appeals Makes Social Media Network Material Discoverable
By Marc H. Pillinger. A Facebook user can no longer prevent the discovery of private postings on their Facebook page. On February, 13, the Court of Appeals unanimously ruled that the threshold for...