Timothy R Capowski

September 04, 2019 | New York Law Journal

In three of the Appellate Division Departments, a plaintiff wishing to impose Labor Law §200 liability on an owner or general contractor in a "means and methods" case must establish that the owner or GC "actually exercised" control over the means and methods of the work. However, in the Second Department, since 'Ortega v. Puccia,' an owner or GC may be held liable if it had "authority" to control the means and methods of the work. In this article, the authors suggest it is well past time to remedy this split between the Departments.

By Timothy R. Capowski and John F. Watkins

9 minute read

July 12, 2019 | New York Law Journal

We recommend that defense attorneys advocate more aggressively for CPLR 5501(c) comparative case analysis review of future medical awards.

By Timothy R. Capowski and John F. Watkins

9 minute read

June 26, 2019 | New York Law Journal

Abuse of the right to suggest a proposed figure pursuant to CPLR 4016(b) cannot be permitted without violating the explicit point and purpose of CPLR 5501(c) and should no longer be tolerated.

By Timothy R. Capowski and John F. Watkins

9 minute read

September 14, 2018 | New York Law Journal

'Rodriguez' does not represent a tectonic shift in summary judgment practice but is actually the next logical step in the drive towards achieving litigation efficiencies.

By Timothy R. Capowski and Jonathan P. Shaub

9 minute read

June 16, 2014 | New York Law Journal

By Timothy R. Capowski and Tiffany A. Miao

4 minute read

November 27, 2013 | New York Law Journal

Timothy R. Capowski writes about the video recording of CPLR 3121 examinations.

By Timothy R. Capowski

3 minute read