New York Trial Notebook

New York Trial Notebook

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Overview

The latest edition of New York Trial Notebook updates 34 chapters with over 100 recent cases and dozens of new tips and practice notes. Some of the many topics addressed are:

  • Where a transfer between courts is voluntary, parties are bound by transferee court’s monetary jurisdiction. §1:13
  • With all four departments now holding that there is no requirement for an evidentiary showing that a proposed amendment has merit, an affidavit of merit is no longer necessarily required. §§7:21, 7:44
  • Second Department denies plaintiff’s bid to vacate dismissal under CPLR 5015(a), in that plaintiff, a jazz musician on tour, had failed to demonstrate a reasonable excuse for failing to appear at trial. §9:70
  • Reprimanding counsel or holding counsel in contempt is not proof of bias, where “precipitated by the unprofessional, boorish, and, at times, contemptuous conduct of the plaintiff’s attorney.” §11:11
  • CPLR 2305(d) effective August 24, 2018 gives counsel the option of having trial material delivered to the attorney or self-represented party at the return address set forth in the subpoena, rather than to the clerk of the court. §17:30
  • Court reporter’s inability to generate a trial transcript leads to a new trial. §§19:91, 38:184
  • Court of Appeals holds that the standard for applying punitive damages in a New York City Human Rights Law case is where a wrongdoer’s actions amount to “willful or wanton negligence, or recklessness, or where there is a conscious disregard of the rights of others or conduct so reckless as to amount to such disregard.” §22:43
  • In medical malpractice wrongful death of a child case with compensatory award of $500,000, Second Department reduces a punitive damage award of $7.5 million to $500,000. §22:43
  • Court of Appeals applies “substantial evidence” standard where petitioner firefighters challenged the State Comptroller’s findings that they did not merit disability retirement benefits. §22:47
  • When a deposition is used in lieu of live testimony because the witness is not available, evidence of a criminal conviction may be admitted as, in effect, cross examination of the witness. §23:40
  • Question by court about defendant’s citizenship posed in the negative that was held to be unclear resulted in a vacated plea. §25.95
  • If an expert relies on another, non-testifying expert’s work, attacking the non-testifying expert’s credibility may be proper. §27:33
  • YouTube video was properly authenticated by a YouTube certification indicating when the video was posted, by a police officer who viewed it about the time it was posted, and by defendant’s own admission about the video. §23:38
  • Private Facebook message was authenticated by the recipient, a confidential informant, who had been Facebook friends with defendant for two years prior to trial. §23:38.
  • In a Family Court custody proceeding, a Facebook screenshot was properly admitted into evidence based on the mother’s testimony that it accurately represented the father’s Facebook page on the date in question. §23:38
  • Amendment to the CPLR effective January 1, 2019 adds CPLR 4540-a,“Presumption of authenticity based on a party’s production of material authored or otherwise created by the party.” §28:51
  • Supreme Court did not err in allowing plaintiff’s radiologist to testify regarding MRI films he had interpreted that were not allowed into evidence. §28:20
  • Plaintiff waived her argument that it was improper for the jury to award her no damages for past pain and suffering by failing to object to the jury charge and the verdict sheet. §32:61
  • Supreme Court improperly granted post-verdict motion for new trial based on plaintiff’s counsel’s misconduct because defendant failed to move for mistrial before jury rendered verdict. §36:12
  • Defendant’s motion to enforce a trial stipulation was properly denied because it related to a discovery matter and defendant failed to submit affirmation of good faith effort to resolve. §37:71
  • Indemnification language in contract was not sufficiently specific to require reimbursement of legal expenses. §38:116
  • First Department upheld Supreme Court’s determination that a Medicaid lien asserted by the Department of Social Services (DSS) in the amount of $250,070 should be recovered in full. §38:189

Product Details

ISBN-13: 9781949517255
Publisher: LexisNexis
Publication date: 04/05/2019
Sold by: Barnes & Noble
Format: NOOK Book
Sales rank: 873,461
File size: 2 MB

Table of Contents

VOLUME 1

CASE MANAGEMENT
Chapter 1 New York Courts and New York Law
Chapter 2 Differentiated Case Management and Conferences
Chapter 3 Note of Issue, Trial Calendar, and Trial Preferences
Chapter 4 Jury Demand and Waiver
Chapter 5 Expert Witness and Medical Report Disclosure
Chapter 6 Post-Note of Issue Discovery

MOTIONS BEFORE TRIAL
Chapter 7 Amending and Supplementing Pleadings and Bills of Particulars
Chapter 8 Motions to Sever and Bifurcate, and Changing Place of Trial
Chapter 9 Motion to Continue (Adjourn)
Chapter 10 Voluntary Discontinuance, Settlement, and Offers to Compromise
Chapter 11 Disqualification of a Trial Judge
Chapter 12 Disqualification of Counsel
Chapter 13 Motions in Limine and Motions to Exclude Persons From Trial

PREPARING FOR TRIAL
Chapter 14 Case Theme and Trial Notebook
Chapter 15 Qualification of Experts and Admissibility of Expert Testimony
Chapter 16 Preparing Witnesses, Exhibits and Final Filings
Chapter 17 Subpoenas: Compelling Witness Attendance and Productions at Trial
Chapter 18 Alternatives to Testimonial and Physical Proof

VOLUME 2

TRIAL
Chapter 19 Interaction With Trial Participants
Chapter 20 Jury Selection
Chapter 21 Opening Statement and Court’s Preliminary Remarks
Chapter 22 Proof: Order, Burdens and Standards
Chapter 23 Eliciting and Refuting Testimony
Chapter 24 Direct Examination of Lay Witnesses
Chapter 25 Cross-Examination of Lay Witnesses
Chapter 26 Direct Examination of Expert Witnesses
Chapter 27 Cross-Examination of Expert Witnesses
Chapter 28 Presenting Nontestimonial Evidence
Chapter 29 Evidentiary Objections and Evidence Rulings
Chapter 30 Preparation and Presentation of Closing Argument
Chapter 31 Objections During Closing Argument
Chapter 32 Jury Instructions
Chapter 33 Verdicts and Verdict Sheets
Chapter 34 Jury Deliberations and Rendition of Verdict

TRIAL MOTIONS AND POST-VERDICT PROCEEDINGS
Chapter 35 Motion for Judgment During Trial (Directed Verdict)
Chapter 36 Motion for New Trial During Trial (Mistrial)
Chapter 37 Other Motions During Trial
Chapter 38 Post-Verdict Proceedings
Table of Cases
Table of Statutes and Rules
Index

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