The CPLR 3123 notice to admit can be a useful device in litigation. Its primary purpose is to expedite a trial by eliminating the necessity of proving a “readily admittable fact” or matter not in dispute. But, as efficient as it sounds, the notice to admit is a limited device, and may only be used
Pursuant to Part 130 , attorneys are obligated to undertake an investigation of a case. But is an attorney responsible for ignorance of facts which the client neglected to disclose? “No,” says the Commercial Division.
In a recent decision by Justice Andrew Borrok, the Commercial Division discussed this very issue. In Morgan and Mendel
A quick timeout this week from some of our more substantive content here at NY ComDiv Practice to report on some upcoming events and happenings in and around the Commercial Division, particularly in Westchester County…
This past Monday, during her weekly message concerning the ongoing COVID-19 pandemic and its effect on the court system (
The lingerie brand Victoria’s Secret (“VS”) has struggled in recent years. VS’ overtly sexy aesthetic has failed to keep up with shifting consumer tastes towards comfort and gender and size inclusivity. In 2019, VS canceled its marquee fashion show, which had run annually for 23 years, showcasing supermodels in VS’ trademark angel wings strutting the
“Successor liability”, is it a theory or distinct claim or cause of action?
In a recent decision, Justice Sherwood analyze
d the applicability of successor liability as a distinct cause of action, rather than merely a theory of liability in New York. In Meyer v Blue Sky Alternative Investments LLC, plaintiff Meyer moved to amend
The New York Commercial Division continues to be a beacon of innovation with a recent amendment to ComDiv Rule 6, now requiring bookmarking and hyperlinking within briefs and affidavits filed with the court. The amendment is no doubt welcome news to an overburdened (and underbudgeted) court system already well-known for its efficient administration of
“Reasonably anticipated litigation” is a necessary element you need to show to benefit from the common interest privilege in your attempt to withhold certain documents already shared with a third-party during a pending suit in New York – but, when does this privilege apply and what does “reasonably anticipated litigation” actually mean?
Recently, Justice Andrew
Summons and Complaint ✅
Service of Process ✅
Answer ✅
Discovery ☐
You now have to collect, review and produce documents pursuant to the preliminary conference order. And so, in collecting documents from the various custodians, it appears some of the documents contain truly “irrelevant” material. However, parts of the document are indeed responsive. Can
To be sure, much has been reported on here at New York Commercial Division Practice concerning Commercial Division innovation — including in the areas of courtroom technology and, more recently, in adapting to the “new norm” of virtual practice in the wake of the COVID-19 pandemic. As we observed a few months back, the
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n 2015, our colleagues in the white-collar criminal defense bar braced for the impact of a memorandum penned by then Deputy Attorney General Sally Yates. The Yates Memo encouraged both federal prosecutors and civil enforcement attorneys to make increased efforts to hold culpable individuals accountable for corporate misconduct.
The Yates Memo embodied the precept