Jason Grant

March 14, 2023 | New York Law Journal

"The record is clear that the parties never agreed to a cap on fees and defendant did not eliminate any issues of fact concerning the amount of the fee estimate or explain what the pro rata share of fees would be," the Appellate Division, First Department court also wrote, in another part of the ruling.

By Jason Grant

8 minute read

March 10, 2023 | New York Law Journal

"There is no stated rationale as to why extreme and outrageous conduct would be a required element for both an intentional act as well as a negligent act," wrote appellate Justice Troy K. Webber. "As such, we now hold that extreme and outrageous conduct is not an essential element of a cause of action to recover damages for negligent infliction of emotional distress."

By Jason Grant

6 minute read

March 10, 2023 | Law.com

At one point during trial, the judge said to the prosecutor, "I practiced law for 20 years and been on the bench for 12. I have never as a lawyer or a judge allowed someone to be tried in prison garb," according to the appellate decision.

By Jason Grant

5 minute read

March 08, 2023 | New York Law Journal

"Mr. Hutcher says that this is some attempt to quell lawyers in their advocacy and lawyers will be chilled," said Randy Mastro, who is representing Madison Square Garden, during oral arguments before the Appellate Division, First Department court. "I have to say, you'll forgive me for saying this: But, to me, that's an insult to lawyers who do what we do."

By Jason Grant

9 minute read

March 07, 2023 | New York Law Journal

"Once you go down this road, where will it end?" said longtime Manhattan lawyer Larry Hutcher, who is suing MSG Entertainment Corp. "Will attorneys be barred from Starbucks, Target, or TopGolf only because they represent clients who allege to have been harmed in some manner?"

By Jason Grant

9 minute read

March 03, 2023 | New York Law Journal

The Bronx Supreme Court "providently exercised its discretion" in denying the injured plaintiffs' default-judgment motion "where defendants' insurance carrier was declared insolvent and placed into liquidation shortly after the commencement of this action," wrote the appeals panel.

By Jason Grant

5 minute read

March 02, 2023 | Law.com

Regardless of whether the veterans' club's attorney "has been declared to be a vexatious litigator, it is clear that [the club] has been," wrote the high court.

By Jason Grant

4 minute read

March 01, 2023 | New York Law Journal

The Appellate Division, First Department's opinion on Tuesday said that beginning in January 2010 the attorney had misrepresented himself as retired or as an active military member in order to avoid complying with CLE requirements, and that in 2016 he'd received an "admonition" from a grievance committee "directing him to earn four CLE credits" but he never complied.

By Jason Grant

6 minute read

February 28, 2023 | Law.com

"Using heroin is not itself an 'intentionally self inflicted injury'; for example, a person who uses heroin to get high would not necessarily be thought of as an 'injured' party," wrote the appeals panel.

By Jason Grant

6 minute read

February 27, 2023 | New York Law Journal

The Appellate Division, First Department court also turned back the financing company's argument that Civil Practice Law and Rules 321(c), which stays an action when there's death, removal or disability of an attorney, should've paused the lawsuit.

By Jason Grant

6 minute read