Lukas M Horowitz

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

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