David Paul Horowitz

July 17, 2023 | New York Law Journal

Matter of Eckert, 2023 NY Slip Op 03270 (3d Dep't 2023), a recent Third Department decision, the court split 3-2 on whether a series of email constituted a binding stipulation. The decision both recites the basic rules and highlights the risk of getting it wrong.

By Katryna L. Kristoferson and David Paul Horowitz

15 minute read

June 26, 2023 | New York Law Journal

Many of us recall learning about the assumption of risk doctrine in law school, while others learned about it in practice. Whether in New York state or federal courts applying New York law, the doctrine today is limited to "athletic and recreational activities."

By Katryna L. Kristoferson and David Paul Horowitz

11 minute read

May 15, 2023 | New York Law Journal

Contributors Katryna L. Kristoferson and David Paul Horowitz discuss civil practice issues that they encounter in their day-to-day lives as civil litigators.

By Katryna L. Kristoferson and David Paul Horowitz

9 minute read

August 30, 2021 | New York Law Journal

What tools are available to separate the wheat from the chaff—the truly active cases from those abandoned or neglected, often to a point of no return? Courts and litigant have different, albeit somewhat overlapping tools.

By David Paul Horowitz and Lukas M. Horowitz

10 minute read

March 24, 2021 | New York Law Journal

In this edition of their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz resume their review and analysis of rule amendments that took effect on Feb. 1, 2021. Here, they focus on the rules impacting trial practice.

By David Paul Horowitz and Lukas M. Horowitz

10 minute read

January 28, 2021 | New York Law Journal

This column focuses on new rules for conferences, depositions, and the resolution of disclosure disputes.

By David Paul Horowitz and Lukas M. Horowitz

12 minute read

January 27, 2021 | New York Law Journal

If you are thinking "what new rules?," you are not alone.

By David Paul Horowitz and Lukas M. Horowitz

11 minute read

December 18, 2020 | New York Law Journal

In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz explore how properly deploying or opposing admissions, which are one of the most frequently used hearsay exceptions, can mean the difference between winning and losing your case.

By David Paul Horowitz and Lukas M. Horowitz

8 minute read

September 03, 2019 | New York Law Journal

In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz continue their discussion of the Child Victims Act and the one-year revival window for civil claims that were previously time-barred. Notwithstanding the liberalization of the statute of limitations, there are pleadings, privilege, disclosure, and evidentiary issues complicating the successful prosecution of the actions.

By David Paul Horowitz and Lukas M. Horowitz

12 minute read

August 13, 2019 | New York Law Journal

In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz discuss provisions of the Child Victims Act. While most provisions of the Act took effect immediately upon signing, what is perhaps the most significant provision, a one-year revival window for civil claims that were previously time-barred, was scheduled to take effect six months after the effective date. That day—August 14th—is upon us.

By David Paul Horowitz and Lukas M. Horowitz

12 minute read