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...
Pillinger Miller Tarallo, LLP Archives
Case by Case: Court of Appeals: Out-of-Possession Landlord
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...
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...
Legislature Makes Forum Shopping Easier
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...
Court of Appeals:
Important Additional Insurance Coverage Decision
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”...
Culpability and Spoliation:
FRCP Rule 37(E) and New York Law
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...