McGoldrick’s New York State Civil Evidence

Recent Posts from McGoldrick’s New York State Civil Evidence

• Court of Appeals: Supreme Court's Granting of Motion To Preclude Evidence Of Expert Witness's Interest In Defendant's Insurance Carrier Was Proper

• First Department: Excited Utterance Exception Not Applicable When Event Reported 2 1/2 Hours After Incident

• Second Department: Inconsistent Findings in Defendant's Own Expert Testimony Did Not Raise Triable Issue Of Fact In "Serious Injury" Motion

• First Department: Defendant's Spoliation Of Video Recording Of Staircase Permits Adverse Inference Only

• Third Department Reverses Supreme Court, Broome County: Admission of Fact Against Interest in Pleadings Does Not Lose Its Effect After Subsequent Amendment Withdrawing Admission

• Supreme Court, New York County: How CPLR 2106 Revived Otherwise Inadmissible Expert Evidence And Saved The Plaintiff's Claim In A "Serious Injury" CPLR 3212 Motion

• First Department: Manhattan Supreme Court Directed Verdict Precluding Expert Testimony Vacated Because Expert Was Sufficiently Qualified

• Court of Appeals: Sufficient Expert Evidence When Not "Utterly Irrational" That Hard To Quantify "Larger Stroke" Arose From Malpractice

• Second Department: In Motion Leading To Incarceration For Contempt, No Hearing On Service In The Absence Of Specific Sworn Rebuttal Of Service

• Court of Appeals Affirms First Department: Expert Witness's Reliance Upon Purportedly Held "Human Factor" Industry Design Standards Not Sound