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January 20, 2022 | New York Law Journal

New 'Speaking Agents' Law Overrides New York's Prohibition On Employees' Out-of-Court Statements

New York State Trial Lawyers Association leaders say the changes allow juries to hear statements based on their relevance to the matter at hand, not how high declarants rank them on the corporate ladder.
5 minute read
Appellate Division, First Department: January 11, 2022
Publication Date: 2022-01-13
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department: January 11, 2022

November 22, 2021 | New York Law Journal

First Department Appeals Court Halves Jury's $60M Pain-and-Suffering Award—But It's Still a Record

A state appeals court has awarded $29 million—the largest pain-and-suffering damages amount approved by an appellate court in state history—to a former Manhattan public high school student burned over much of his body during a class experiment gone wrong, though the court did cut the jury verdict of $60 million roughly in half.
5 minute read
Appellate Division, First Department: November 18, 2021
Publication Date: 2021-11-22
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned Surrogate Sall
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department: November 18, 2021

October 22, 2021 | New York Law Journal

The Ethics of Trial Practice

In this edition of their Trial Advocacy column, Ben Rubinowitz and Evan Torgan explore issues which may arise during client intake and witness preparation, as well as the duty to correct potentially false testimony.
17 minute read
Appellate Division, Second Department: June 17, 21, 23, 2021
Publication Date: 2021-06-25
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, Second Department: June 17, 21, 23, 2021

June 18, 2021 | New York Law Journal

Strategic Jury Selection

In this edition of their Trial Advocacy column, Ben Rubinowitz and Evan Torgan explore effective lines of questioning for voir dire. If conducted properly, not only will the information gleaned during voir dire inform a lawyer's decision of whether or not to challenge that juror, but additionally, it will offer valuable information that can be used effectively to emphasize points during the course of trial.
11 minute read
Albany County, Surrogate's Court: June 8, 2021
Publication Date: 2021-06-10
Practice Area: Trusts and Estates
Industry:
Court: Surrogate's Court, Albany County
Judge: Surrogate Stacy L. Pettit
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Albany County, Surrogate's Court: June 8, 2021

May 07, 2021 | New York Law Journal

Trust and Reliance: A Powerful Theme for Cross

The trust and reliance that we place in those who make crucial decisions about our health and safety often goes unchallenged until something goes wrong. But when something bad does happen, the concepts of trust and reliance can form the basis for the successful prosecution or defense of a claim. In this edition of their Trial Advocacy column, Ben Rubinowitz and Evan Torgan explore proper trial techniques that can be used to develop and explore the adequacy or inadequacy of those major decisions.
15 minute read
Matter of Estate of Hoyte
Publication Date: 2021-04-16
Practice Area: Trusts and Estates
Industry:
Court: Surrogate's Court, Albany
Judge: Surrogate Stacy Pettit
Attorneys:
For plaintiff: Attorney for Petitioner: David H. Larkin, Esq., Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York.
For defendant: Attorney for Respondent Albany County Department of Social Services: Albert F. Dingley, Esq., Office of the Albany County Attorney, Albany. Guardian ad litem for Respondent Trennice Hoyte: Robert M. Gottheim, Esq., Albany. Guardian ad litem for Respondent Harryson Hoyte: Patricia J. Shevy, Esq., Albany.
Case number: 2014-711/A

DSS Precluded From Entitlement to Share in Net Settlement Proceeds by Supreme Court Order

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