David Paul Horowitz

July 30, 2019 | New York Law Journal

In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz discuss two cases in which the eight First Department Justices were split on whether the grants of summary judgment were justified, based upon not crediting plaintiffs' proof submitted in opposition as a matter of law, or unjustified, as an unwarranted credibility determination intruding on the function of the jury.

By David Paul Horowitz and Lukas M. Horowitz

14 minute read

July 15, 2019 | New York Law Journal

In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz write: While Court of Appeals precedent counsels against judges making credibility determinations, in the summary judgment arena trial and appellate courts in New York appear to do just that, electing to disregard testimony deemed to be “tailored,” “feigned,” “patently false,” or “demonstrably false.”

By David Paul Horowitz and Lukas M. Horowitz

11 minute read

February 25, 2019 | New York Law Journal

In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz write: Two weeks ago the Court of Appeals decided the appeal from the First Department decision in 'Arrowhead', resolving the split in the Departments over “[w]hether an action, such as filing a complaint, taken by a lawyer duly admitted to the bar of this State but without the required New York office, is a 'nullity,' an issue of first impression for this Court.”

By David Paul Horowitz and Lukas M. Horowitz

11 minute read

February 19, 2019 | New York Law Journal

In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz discuss the recent decision in 'Aybar', in which the Second Department confronted the question of whether a foreign corporation's registration to do business in New York under BCL §§1301(a) and 1304(a)(6) constitutes consent to general jurisdiction in New York. The decision effectively shuts the door, for now, to a New York court's exercise of general jurisdiction over a corporate defendant which is neither incorporated, nor maintains it principal place of business, in New York.

By David Paul Horowitz and Lukas M. Horowitz

16 minute read

January 25, 2019 | New York Law Journal

In their Burden of Proof column David Paul Horowitz and Lukas M. Horowitz write: The judicial system recognizes and addresses attorney bias in jury selection, bias of eyewitnesses when identifying people of other races in criminal trials, and the impact of implicit bias on attorneys and judges. However, one stakeholder in our judicial system does not receive guidance in implicit bias: jurors. Whether they should, or not, is this month's topic.

By David Paul Horowitz and Lukas M. Horowitz

9 minute read

December 19, 2018 | New York Law Journal

In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz write: Twenty years ago there was a push, albeit ultimately unsuccessful, to enact a parent-child privilege in New York. Given the myriad legal and societal changes in the last 20 years, perhaps it is time to revisit the idea of codifying the privilege.

By David Paul Horowitz and Lukas M. Horowitz

10 minute read

November 13, 2018 | New York Law Journal

In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz discuss two changes to the CPLR, the first a new section in article 45 designed to facilitate the admission into evidence of records produced during disclosure by an opposing party, and the second an amendment adding a new subsection (d) to CPLR 2305 designed to permit subpoenaed records to be delivered to an attorney's office and to make certain all parties receive copies of subpoenaed records from the attorney receiving the subpoenaed records.

By David Paul Horowitz and Lukas M. Horowitz

11 minute read