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24 Jun 2010, 12:48 am
Practice point: An order denying a motion to preclude testimony of plaintiff’s expert witness or to direct that witness to submit to a Frye hearing is an evidentiary ruling and an advisory opinion. [read post]
19 Jan 2010, 1:31 am
Lokshina, NY Slip 09624 (2d Dept. 2009) Tomorrow’s issue: Motion practice. [read post]
7 Dec 2009, 1:15 am
., NY Slip Op 08453 (1st Dept. 2009) Tomorrow’s issue: Motion practice. [read post]
13 Jan 2011, 12:39 am
Practice point: A motion for leave to amend a notice of claim will be granted if the error was made in good faith and the municipality has not been prejudiced, pursuant to General Municipal Law § 50-e[6]. [read post]
12 Aug 2010, 12:38 am
Law Off. of Cushner & Garvey, LLP, NY Slip Op 06295 (2d Dept. 2010) Tomorrow’s issue: Motion practice. [read post]
30 Sep 2010, 12:46 am
., NY Slip Op 06620 (2d Dept. 2010) Tomorrow’s issue: Motion practice. [read post]
27 Apr 2010, 12:51 am
City of New York, NY Slip Op 03033 (1st Dept. 2010) Tomorrow’s issue: Motion practice. [read post]
26 Jan 2011, 12:44 am
Students should note that defendant’s claim that he does not recall receiving the motion does not overcome the presumption of proper mailing created by the affidavit of service. [read post]
12 Jul 2010, 12:51 am
., LLC, NY Slip Op 05718 (2d Dept. 2010) Tomorrow’s issue: Motion practice. [read post]
17 Aug 2010, 12:46 am
City of New York, NY Slip Op 06355 (1st Dept. 2010) Tomorrow’s issue: Motion practice. [read post]
22 Oct 2010, 12:49 am
Students should note that by demonstrating that defendant had timely knowledge of the facts underlying the claim, plaintiff establishes a lack of substantial prejudice on a motion for late service of the notice of claim. [read post]
12 Oct 2010, 12:41 am
Zaman, NY Slip Op 06712 (1st Dept 2010) Tomorrow’s issue: Motion practice. [read post]
16 Mar 2010, 1:22 am
., NY Slip Op 01759 (2d Dept. 2010) Tomorrow’s issue: Motion practice. [read post]
21 Jul 2010, 12:33 am
Practice point: A motion to dismiss based on CPLR 3211(a)(1) requires documentary evidence refuting plaintiff’s factual allegations, establishing a defense as a matter of law. [read post]
9 Aug 2010, 12:57 am
., LLC, NY Slip Op 06238 (2d Dept. 2010) Tomorrow’s issue: Motion practice. [read post]
24 Mar 2010, 1:47 am
Eber-Schmid, NY Slip Op 02002 (1st Dept. 2010) Tomorrow’s issue: Motion practice. [read post]
15 Dec 2010, 12:50 am
Practice point: A court has the inherent power, sua sponte or on motion, to reconsider and vacate its prior decision before issuing an order thereon. [read post]
3 Jan 2011, 12:44 am
Marsans, NY Slip Op 09474 (2d Dept. 2010) Tomorrow’s issue: Motion practice. [read post]
13 Jan 2010, 2:40 am
., NY Slip Op 09616 (2d Dept. 2009) Tomorrow’s issue: Motion practice. [read post]
18 Oct 2010, 12:44 am
., NY Slip Op 07139 (2d Dept. 2010) Tomorrow’s issue: Motion practice. [read post]
