Second Department Reverses Lower Court Dismissal Based on Deposition Demands

The Second Department reversed the dismissal of a lower court based on a Plaintiff’s failure to narrow down deposition demands.  The case of Rezak v. New York Presbyterian Hospital was commenced following a claim of medical malpractice in 2014.  In December 2017, the defendant moved pursuant to CPLR §3216 to dismiss the complaint for a failure to prosecute and additionally based on CPLR §3126 for a failure to comply with a court order.  The court order referred to in the motion was an Order to narrow the demands to depose witnesses affiliated with the Defendant.  The Supreme Court of Queens County dismissed the claim under both CPLR sections. Continue reading “Second Department Reverses Lower Court Dismissal Based on Deposition Demands”

Second Department Grants Demand for Cell Phone Records in Motor Vehicle Accident Case

On July 24, the Appellate Division, Second Department issued a ruling upholding the denial of a protective order with respect to cell phone records. The case arose from a 2017 accident in Levittown, New York after a motor vehicle struck a pedestrian as they were crossing the street.  The accident occurred at approximately 6:00 p.m. The driver of the motor vehicle left the scene. They then denied any involvement in the accident. Several months later, the pedestrian brought an action against the driver to recover damages for personal injuries he allegedly sustained as a result of the accident. Continue reading “Second Department Grants Demand for Cell Phone Records in Motor Vehicle Accident Case”

Second Department Upholds Trial Court’s Decision to Not Vacate Dismissal

When New York State Court of Appeals Chief Justice, Janet DiFiore, assumed her position, she set the goal of reducing the backlog of cases across the state.  In the case of Melendez v. Stack, the Second Department decided in line with that goal in refusing to vacate a dismissal after a Plaintiff’s attorney did not have a reasonable excuse for their failure to proceed to trial.
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Second Department Reverses Award of Future Loss of Household Services

On March 13, 2019, a panel of the Appellate Division Second Department issued an opinion in which they overturned a lower Court’s award of future loss of household services. In the case of Finney v. Morton, Jr., the Second Department reviewed the decision of the Supreme Court of Dutchess County and remanded the case for a re-determination of the proper award.
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