November 27, 2023 | New York Law Journal
CPLR 3212(b): A Provision That Allows Ambush at Summary JudgmentThis article starts with a discussion on the current CPLR 3212(b)'s legislative history and proceeds to an examination of how courts have attempted to harmonize CPLR 3212(b) with CPLR 3101(d)(1)(i) and other procedural rules intended to ensure timely and orderly process, including Commercial Division Rule 13(c), which governs expert disclosure in the commercial part, and CPLR 3126, which addresses the court's discretion in imposing sanctions for violations of a discovery order.
By James P. Chou and Kelly D. Schneid
8 minute read
September 07, 2018 | New York Law Journal
Litigation Remains Powerful for Property Owners to Secure Requested AccessOnce negotiations prove fruitless or circumstances indicate that the neighbors do not intend on granting access on fair terms within a reasonable time frame, property owners can and should proceed to litigation.
By David Cohen and Kelly D. Schneid
6 minute read
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