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CPLR Negligence

Tyson & Mendes LLP

Civil Procedure Updates to Know in New York for 2025

Tyson & Mendes LLP on

In 2025, get ready for a whirlwind of updates across the state. From personal jurisdiction to discovery and beyond, some recent cases are shifting the landscape in New York. Read below to find out what happened and learn the...more

Freiberger Haber LLP

The Relation-Back Doctrine Under CPLR 203(c) and (f)

Freiberger Haber LLP on

It is well-settled that leave to amend a pleading is to be freely granted. Leave may be denied, however, if the proposed amendment is palpably insufficient or patently devoid of merit, or if it would cause undue prejudice to...more

Harris Beach Murtha PLLC

Late Answer in New York Results in Snowballed Consequences

New York’s Appellate Division, Second Department reversed a trial court decision that granted a defendant’s motion to compel acceptance of a late answer. The facts on appeal entailed plaintiff completing service on November...more

White and Williams LLP

Plaintiffs No Longer Have to Demonstrate the Absence of Comparative Fault to Avoid Summary Judgment in New York

White and Williams LLP on

On April 3, 2018, the New York Court of Appeals addressed a question that “has perplexed courts for some time,” that is, whether a plaintiff must establish his or her own comparative negligence in order to obtain partial...more

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