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12 Jan 2024, 4:00 am
DEFENDANTS WOULD OTHERWISE BE “DISADVANTAGED AND PREJUDICED”In a childhood lead-poisoning case, both sides retained independent psychologists to perform a neuropsychological examination, and when the Bronx County Supreme Court directed that the litigants exchange their experts’ “raw testing data” used to generate their respective reports, an appeal ensued.On its review of the dispute, the Appellate Division, First Department, noted that since the parties were… [read post]
18 Apr 2012, 11:19 am by Nissenbaum Law Group
The Federal District Court for the Southern District of New York recently decided that a licensing agreement between a television broadcast company and the owner of an animated children’s television series was fully integrated, despite a provision in the agreement which stated that the parties would execute a more detailed long form agreement in the future. 4Kids Entm’t, Inc. v. [read post]
24 Apr 2019, 3:31 pm by Stephen Bilkis
KG v G NY Slip Op 04278 Pursuant to Section 50011 of the Rules, this case was affirmed with costs. [read post]
24 Feb 2011, 2:55 am
The arbitrator decides if a party in prior arbitration decision may claim res judicata or collateral estoppel in a subsequent arbitration Town of Newburgh v CSEA, 272 AD2d 405Although an arbitrator sustained the Newburgh’s dismissal of an employee who was found guilty of testing positive for marijuana, this did not end the matter.The employee’s union, the Civil Service Employee’s Association [CSEA], filed a second grievance alleging that the Town had violated the… [read post]