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...
By 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 out-of-possession...
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...
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...
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...
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...
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...
By Marc Pillinger. The New York State legislature recently passed an amendment to CPLR 503(a) that makes venue proper when a case is initiated in a “county in which a substantial part of the events...
By Marc Pillinger. On June 6, 2017, the Court of Appeals in New York held that when an insurance policy states that additional insured coverage applies to bodily injury “caused, in whole or in part”...
By Marc Pillinger. Culpability is often a central issue in spoliation claims. In Sarach v M & T Bank Corp., 2016 NY Slip Op 04820 [4th Dept June 17, 2016], a recent Fourth Department case, the...