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21 Jun 2021, 3:33 am
Under these circumstances, the Supreme Court properly granted that branch of the defendants’ motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint, finding that these allegations, even if proven, would not entitle the plaintiff to relief pursuant to Judiciary Law § 487 (see Sammy v Haupel, 170 AD3d at 1225-1226; Seldon v Lewis Brisbois Bisgaard & Smith LLP, 116 AD3d 490, 491 [2014]; Schiller v Bender, Burrows &… [read post]
24 Jun 2011, 1:50 am
Co. v. [read post]
13 Mar 2007, 9:33 am
In Frankie Salyers v. [read post]
4 Apr 2012, 12:15 pm
It's Judge Smith. [read post]
30 Oct 2012, 4:55 pm
As I have noted on several occasions, polygraph evidence is per se inadmissible in the vast majority of jurisdictions in the United States. [read post]
20 Jun 2010, 6:07 pm
Federal Rule of Evidence 803(2) provides an exception to the rule against hearsay for A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. [read post]
16 Oct 2011, 8:47 am
Federal Rule of Evidence 804(a)(5) provides that a declarant is "unavailable" if he is absent from the hearing and the proponent of a statement has been unable to procure the declarant's attendance (or in the case of a hearsay exception... [read post]
14 Jun 2009, 7:50 am
Federal Rule of Evidence 1002, the Best Evidence or Original Document Rule, indicates that To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or... [read post]
23 May 2010, 9:21 am
Like its federal counterpart, Kentucky Rule of Evidence 609(b) provides that Evidence of a conviction under this rule is not admissible if a period of more than ten (10) years has elapsed since the date of the conviction unless the... [read post]
23 Jul 2011, 6:21 pm
Federal Rule of Evidence 806 provides that When a hearsay statement, or a statement defined in Rule 801(d)(2)(C), (D), or (E), has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported,... [read post]
4 Dec 2011, 3:02 pm
A defendant is charged with murder. [read post]
5 Sep 2024, 4:32 am
Though Armenia v. [read post]
17 Mar 2012, 8:55 am
Smith, 02-1842, p. 1 (La. 9/20/02), 827 So. 2d 1122, 1123 (per curiam); State v. [read post]
20 May 2008, 1:15 am
The court relied on Smith v. [read post]
5 Dec 2010, 4:24 am
An excellent example of this trend can be found in the Wisconsin case of State v. [read post]
17 Nov 2010, 8:00 am
"Exposure to asbestos can be fatal and the government will not tolerate illegal activity that puts the public at risk of cancer or other serious respiratory diseases," said William V. [read post]
22 Jul 2021, 12:40 pm
Smith & Nephew, Inc., 941 F.3d 1320, 1335 (Fed. [read post]
22 Jun 2012, 3:59 pm
U.S. v. [read post]
20 Feb 2014, 3:26 pm
Hollister, 965 So.2d 341, 349–50 (Fla. 2d DCA 2007); Smith v. [read post]
31 Jan 2008, 11:00 am
Parker v. [read post]
