News & Analysis as of

New York Evidence

Farrell Fritz, P.C.

New Rule Proposal Encourages Use of Virtual Evidence Courtrooms in New York Commercial Division

Farrell Fritz, P.C. on

The Commercial Division Advisory Council (“CDAC”) has recommended a new rule that would introduce the use of Virtual Evidence Courtrooms in the Commercial Division. The proposed Rule 25-a is now under review by the...more

Offit Kurman

Three Things to Know About Notices to Admit in New York

Offit Kurman on

In New York litigation, a well-timed notice to admit can sharpen the issues, trim trial time, and lock in key facts. But it’s a tool that must be used strategically. When used correctly, it can streamline document...more

Farrell Fritz, P.C.

Persistence, Procedure, and Default: Lessons from ACM MCC VI LLC v. Able Liquidation Three & Thomas Rossi

Farrell Fritz, P.C. on

On April 29, 2025, the Justice Robert R. Reed of the Commercial Division of the Supreme Court of New York County issued a significant ruling in ACM MCC VI LLC v. Able Liquidation Three, Thomas Rossi, et al., granting a...more

Axinn, Veltrop & Harkrider LLP

Recent Decision Shows the Heavy Burden of Actual Malice in Defamation Suits

Ever since the landmark case New York Times Co. v. Sullivan, 376 U.S. 254 (1964), to succeed on a defamation claim, plaintiffs who are also public figures have a constitutional requirement to show that the defendant acted...more

White and Williams LLP

A Matter of Circumstance: New York Court Finds Circumstantial Evidence Enough

In State Farm Fire & Cas. Co. a/s/o Miriam Perez v. Pentair Flow Techs., LLC No. 7:21-CV-6679, 2025 U.S. Dist. LEXIS 36875, the United States District Court for the Southern District of New York (District Court) reconsidered...more

Farrell Fritz, P.C.

When Trying to Discover Tax Returns in Business Divorce Litigation, Bring Your A Game

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In many, perhaps most New York business divorce lawsuits, tax documents play a key role. Equity holder status is essential for standing to sue – including to dissolve, to sue derivatively on behalf of the entity, to sue...more

Freiberger Haber LLP

Giving Two Contract Provisions Their Intended Meaning

Freiberger Haber LLP on

Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is what they say in their writing.” As such, “a written agreement...more

Segal McCambridge

New York Labor Law Appellate Division Round-Up

Segal McCambridge on

Issues involved with construction accidents in New York are very fact-specific, and it is important to obtain testimony and evidence of all aspects of the construction project to try and defeat a summary judgment motion....more

Farrell Fritz, P.C.

Proposed Commercial Division Rule Change Gives Remote Proceedings Even More Staying Power

Farrell Fritz, P.C. on

It is no secret by now that remote proceedings are here to stay. Driven at first by the safety protocols related to the COVID-19 pandemic, remote proceedings have outlived those protocols, and they remain the preferred forum...more

Goldberg Segalla

Evidence Preservation: Handling the Issues in New York and New Jersey

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In New York and New Jersey, parties have certain duties to ensure preservation of evidence. Join Goldberg Segalla’s Rosa D. Forrester and Aaron M. VanNostrand for a discussion of when those duties are triggered, how to...more

Goldberg Segalla

[Webinar] Evidence Preservation: Handling the Issues in New York and New Jersey - September 29th, 12:00 pm - 1:00 pm EST

Goldberg Segalla on

In New York and New Jersey, parties have certain duties to ensure preservation of evidence. Join Goldberg Segalla’s Rosa D. Forrester and Aaron M. VanNostrand for a discussion of when those duties are triggered, how to...more

Harris Beach Murtha PLLC

New York Clarifies Rules Surrounding Sanctions in Two Spoliation Cases

The Second Department of the New York State Supreme Court Appellate Division issued two decisions in Phelps-Vachier v. Genovese Drug Stores, Inc. and Milazzo v. Best Mkt. on claims of spoliation of evidence. Both Phelps...more

Proskauer - Minding Your Business

Recent Change to New York’s Hearsay Law Could have Implications for Workplace Litigation

New York’s unique approach to evidentiary procedure – and specifically, its rules governing admissions by a party opponent’s agent – have frustrated litigators for years....more

Esquire Deposition Solutions, LLC

[Webinar] Ethical Considerations When Taking A Remote Deposition - September 30th, 12:00 pm - 1:00 pm EST

Lawyers have always been bound by ethical standards. The pandemic created a new one – reduce the spread of a deadly disease by staying home and working remotely. The American Bar Association has established that attorneys...more

Esquire Deposition Solutions, LLC

[Webinar] Ethical Considerations When Taking A Remote Deposition - September 28th, 12:00 pm - 1:00 pm EST

Lawyers have always been bound by ethical standards. The pandemic created a new one – reduce the spread of a deadly disease by staying home and working remotely. The American Bar Association has established that attorneys...more

King & Spalding

Ninth Circuit Affirms Summary Judgment in Fraudulent Omission Class Action Based on Plaintiffs’ Failure to Present Evidence of...

King & Spalding on

On June 18, the Ninth Circuit affirmed the Central District of California’s grant of summary judgment on claims asserted against Unilever by various putative classes of consumers who purchased St. Ives facial cleanser. The...more

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