It is well past time to remedy the split between the Appellate Division departments regarding Labor Law §200. In the Court of Appeals and three Appellate Division Departments, a plaintiff wishing to impose Labor Law §200...
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Defense litigators familiar with personal injury actions are all well-acquainted with the oft-seen practice of seeking a CPLR 5501(c) comparable case analysis to determine whether a given award for pain and suffering...
New York has experienced a trend of upwardly spiraling verdicts for pain and suffering directly precipitated by abuses of the now-ubiquitous tactic of “anchoring”. For the uninitiated, anchoring abuse is the tactic of...
Authored and researched by Tim Capowski with assistance from former colleague. Most articles discussing the New York Court of Appeals’ decision in Carlos Rodriguez v. City of New York, 31 N.Y.3d 312 (2018), present a...