John R Higgitt

November 21, 2017 | New York Law Journal

On November 1, 2017, Albany attorney Lisabeth—Libby—Harrison died at the age of 69. Most members of the New York bench and bar do not recognize Libby's name. Given her substantial contributions to New York law, that is both unfortunate and unjust.

By David Demarest, Leon D. Lazer, and John R. Higgitt

8 minute read

April 06, 2015 | New York Law Journal

John R. Higgitt writes: Any notion that the steps in the refinement process of a jury verdict—the open-court announcement of the verdict by the foreperson, the polling of the jury, and the entry of the verdict—are mere minutiae was dispelled by the Court of Appeals in 'Duffy v. Vogel', where the court concluded that the failure of a trial court to poll the jury may require a new trial.

By John R. Higgitt

13 minute read

April 03, 2015 | New York Law Journal

John R. Higgitt writes: Any notion that the steps in the refinement process of a jury verdict—the open-court announcement of the verdict by the foreperson, the polling of the jury, and the entry of the verdict—are mere minutiae was dispelled by the Court of Appeals in 'Duffy v. Vogel', where the court concluded that the failure of a trial court to poll the jury may require a new trial.

By John R. Higgitt

13 minute read

February 27, 2015 | New York Law Journal

John R. Higgitt writes: The qualifications of the expert, the facts underlying the opinion, the basis of the opinion, and the opinion itself—these are the essential elements of an expert's affidavit. Given the stakes on a summary judgment motion, counsel must scrutinize her expert's affidavit to ensure that it contains each of these elements.

By John R. Higgitt

12 minute read

February 26, 2015 | New York Law Journal

John R. Higgitt writes: The qualifications of the expert, the facts underlying the opinion, the basis of the opinion, and the opinion itself—these are the essential elements of an expert's affidavit. Given the stakes on a summary judgment motion, counsel must scrutinize her expert's affidavit to ensure that it contains each of these elements.

By John R. Higgitt

12 minute read

August 05, 2013 | New York Law Journal

John R. Higgitt, a principal court attorney to the Administrative Judge in the Bronx, writes: Motions to dismiss a complaint under the failure to state a cause of action statute are common. But can a defendant use evidence on an (a)(7) motion to challenge a properly pleaded cause of action and obtain dismissal of the cause of action based on that evidence? Up until recently, the answer to that question was "yes."

By John R. Higgitt

11 minute read

October 02, 2013 | New York Law Journal

John R. Higgitt, a principal court attorney to the Administrative Judge in the Bronx, writes that later this fall, the Court of Appeals may have occasion to provide guidance on a curious question of New York practice with potentially far-reaching implications: May CPLR 2004, which allows a court to extend many deadlines, be applied to a provision of law found outside of the CPLR?

By John R. Higgitt

12 minute read

April 12, 2012 | Law.com

In light of the time and effort attorneys must expend to make a motion and the potential stakes involved, attorney John R. Higgitt offers 10 simple tips to improve the quality of motion papers, ensure that the court considers the substance of the arguments and evidence, and increase the likelihood that the client obtains a favorable result.

By John R. Higgitt

13 minute read

April 03, 2012 | New York Law Journal

John R. Higgitt, a principal court attorney to Justice Douglas E. McKeon, Administrative Judge for Civil Matters in the Bronx, writes: Every day a healthy stream of motions, cross motions and ex parte applications pour into courthouses. Given the time and effort attorneys must expend to make a motion and the potential stakes of the court's decisions, attorneys should mind their procedural "Ps and Qs" when preparing and submitting motion papers.

By John R. Higgitt

13 minute read

December 09, 2011 | New York Law Journal

Much could be written about Justice Martin Evans' impressive education, inspiring military service or exceptional career as an attorney and judge. However, we focus here on one aspect of Justice Evans' remarkable judicial service: his officially published decisions.

By John R. Higgitt

17 minute read