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...
Pillinger Miller Tarallo, LLP Archives
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...
Social Media: Expanding Discoverability
By Jeffrey T. Miller. Social media such as Twitter, Facebook, Myspace and LinkedIn have become major resources in the legal world. Lawyers have found that these resources can provide accurate...
Slip and Fall Scheme Rakes in Over $30m and The Five Men Behind it Have Been Charged with Defrauding NYC Area Businesses and Their Insurance Companies
By Jeffrey T. Miller. A fraudulent slip and fall scheme has led to the indictment of five New York residents being charged with defrauding New York City area businesses and their insurance companies...
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...