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29 Apr 2013, 5:01 am by Susan Brenner
  This judge found that “[u]pon witnessing a student improperly using a cell phone at school, it st [read post]
16 Jul 2014, 7:25 am by Patricia Salkin
However, the court discussed that “[U]nder New York’s transactional analysis approach to res judicata, ‘once a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred, even if based upon different theories or if seeking a different remedy’ (Matter of Hunter, 4 NY3d 260, 269, quoting O’Brien v. [read post]
30 Oct 2012, 1:56 am by Andrew Lavoott Bluestone
Moreover, where a trial court sets a specific deadline for expert disclosure, it has the discretion, pursuant to CPLR 3126, to impose appropriate sanctions if a party fails to comply with the deadline (see MacDonald v Leif, 89 AD3d 995; Pirro Group, LLC v One Point St., Inc., 71 AD3d 654; Bomzer v Parke-Davis, 41 AD3d 522; Maiorino v City of New York, 39 AD3d 601) . [read post]