Russell Yankwitt

December 06, 2022 | New York Law Journal

This authors open the debate of whether specific performance, monetary damages, or a combination of the two is the "best" remedy for a contractual dispute involving real property.

By Russell Yankwitt, Connor Hilbie, David Steinmetz and Jody Cross

8 minute read

October 24, 2022 | New York Law Journal

This article provides an examination of why corporate clients settle early and a discussion of the important benefits of not settling. The article concludes with a look at the "hybrid approach" of binding arbitration for large-value cases, which can combine "the reputational benefit of fighting with the cost certainty and confidentiality of settling."

By Russell Yankwitt and Dina Hamerman

8 minute read

June 21, 2022 | New York Law Journal

The authors of this article analyzed cases decided over the past five years in the state and federal courts sitting in Westchester County to assess how often and under what circumstances punitive damages have been awarded.

By Russell Yankwitt and Connor Hilbie

6 minute read

April 20, 2022 | New York Law Journal

A discussion of the new CIDA, signed into law on Dec. 31, 2021, by Governor Hochul, which overhauls CPLR 3101(f) and places significant burdens on defendants to proactively provide to plaintiffs certain insurance information and documentation. While the CIDA as amended is more palatable to defendants, it still marks a significant change in insurance disclosures that defendants in New York state actions are required to make.

By Russell Yankwitt and Scott Wenzel

6 minute read

March 14, 2022 | New York Law Journal

The protocol has been fine-tuned over the years, but the revisions implemented on Dec. 6, 2021, will have a substantial impact on litigation in Westchester Supreme.

By Russell Yankwitt and Ross Keiser

6 minute read

September 16, 2021 | New York Law Journal

This article proposes language to include in retainer agreements to enable the monetization of non-monetary victories and compensate attorneys for all their work on behalf of their contingency clients.

By Russell Yankwitt and Anxhela Mile

7 minute read

July 23, 2021 | New York Law Journal

Can clients seek compensation for domestic violence from their spouses in a parallel tort action as opposed to addressing these issues exclusively in divorce proceedings … or is that a double dip?

By Lisa Zeiderman and Russell Yankwitt

8 minute read

January 14, 2020 | New York Law Journal

With the ever-increasing costs of litigation, expanding interlocutory appeals in the federal courts is highly desirable.

By Russell Yankwitt and Dina Hamerman

6 minute read

October 03, 2019 | New York Law Journal

To alleviate the strain on both parties and overburdened trial courts, we propose amending the CPLR to encourage discretionary stays of the underlying trial while an appeal of a dispositive summary judgment motion is pending.

By Russell Yankwitt and Dina Hamerman

7 minute read

August 15, 2019 | New York Law Journal

To combat the tension between litigation and skyrocketing litigation costs, the authors propose amending the Federal Rules of Civil Procedure to comport with the position taken by many state courts, including New York, to stay all discovery upon the filing of a dispositive motion to dismiss a complaint.

By Russell Yankwitt and Dina Hamerman

6 minute read