David Paul Horowitz

August 19, 2024 | New York Law Journal

"The question 'where's 'Dondi'' arises from the portion of the Rule requiring that an order 'recite the papers used on the motion,'" write Katryna L. Kristoferson and David Paul Horowitz.

By Katryna L. Kristoferson and David Paul Horowitz

12 minute read

July 15, 2024 | New York Law Journal

The previous two installments of this column discussed CPLR 2104 and focused on how to create a binding and enforceable stipulation under the statute. Having addressed the mechanics of the three statutory methods, there remain a number of practical considerations when drafting and/or seeking enforcement of stipulations.

By Katryna L. Kristoferson and David Paul Horowitz

9 minute read

June 18, 2024 | New York Law Journal

This month's Practical New York Practice™ column dives into the third, frankly mysterious formula set forth in CPLR 2104 to create an enforceable stipulation: "An agreement between parties or their attorneys relating to any matter in an action…reduced to the form of an order and entered."

By Katryna L. Kristoferson and David Paul Horowitz

13 minute read

May 20, 2024 | New York Law Journal

A trial decision this month highlights how a seemingly properly crafted mediation settlement agreement ends up being unenforceable, with the result that the lawsuit continues on its merry way. But first, this article provides some context.

By Katryna L. Kristoferson and David Paul Horowitz

13 minute read

January 17, 2024 | New York Law Journal

This month, Katryna Kristoferson and David Horowitz visit two lesser-known and used CPLR devices: the summons with notice and a motion for pre-action disclosure. This column is joined by Justice Barbara Jaffe (Ret.), who writes on the summons with notice, including an interesting experience she encountered with the device while on the bench. Katryna then takes the laboring oar and writes on pre-action disclosure.

By Katryna L. Kristoferson, David Paul Horowitz and Barbara Jaffe

13 minute read

December 18, 2023 | New York Law Journal

The idea of something being true, but inaccurate, is not just movie fodder. It often arises in litigation, specifically in witness testimony. When during deposition preparation does coaching cross over from permissible to impermissible? Really, the answer depends on what, and how you do it.

By Katryna L. Kristoferson and David Paul Horowitz

13 minute read

November 20, 2023 | New York Law Journal

Does anyone doubt the existence of bias? Likely not, but recognizing bias is not always easy. When overt, it is hard to miss. When covert, it can be difficult, if not impossible, to discern. Yet there are many cleverly designed, scientifically sound studies that can reveal the existence of bias, even when the subject consciously or unconsciously attempts to prevent its revelation.

By Katryna L. Kristoferson and David Paul Horowitz

14 minute read

October 16, 2023 | New York Law Journal

Previously in this column, Katryna L. Kristoferson and David Paul Horowitz touched on changes in practice since the pandemic while discussing more globally the changes in law practice. In this article, they delve deeper into the ways COVID has altered law practice, as well as the lasting effects.

By Katryna L. Kristoferson and David Paul Horowitz

8 minute read

September 25, 2023 | New York Law Journal

For New York state litigators, being served with a motion presents both a challenge and an opportunity. CPLR 2215 permits a non-moving party to move by cross-motion demanding relief against the moving party.

By Katryna L. Kristoferson, David Paul Horowitz, Judge Barbara Jaffe and Brian Graifman

10 minute read

August 14, 2023 | New York Law Journal

While most of us recall a time where lawyers were less than civil to their adversaries, a recent case suggests we may not have evolved as much as we thought.

By Katryna L. Kristoferson and David Paul Horowitz

11 minute read