In the century and a quarter since Harvard Law School dean Christopher Columbus Langdell stated that “law is a science,”1 courts have edged away from that rigid view of the judicial function. Still, during the past three months, science has certainly kept the justices of New York’s Appellate Division busy.
In a productive summer, the Appellate Division has moved the law in numerous areas where advancements in scientific and engineering would otherwise leave jurisprudence behind. The issues confronted include how to locate electronic documents, how to locate defendants electronically, what duties the law should impose on medical providers, and how to tell who is the mother of a child. What follows is an unscientific selection of the noteworthy decisions that emanated from New York’s intermediate appellate courts during the past quarter.
First Department
