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Duty to Warn and Third-Party Conduct: A Look at Two Recent New York Cases Image

Duty to Warn and Third-Party Conduct: A Look at Two Recent New York Cases

Jeffrey Lichtman & Richard A. Menchini

In the past year, New York's highest court, the Court of Appeals, issued two decisions addressing both the scope of a defendant's duty to warn in negligence and products liability actions, and the scope of tort liability in actions predicated upon third-party conduct.

Features

Optional Safety Equipment Image

Optional Safety Equipment

Larry E. Coben

<b><i>Part Two of a Two-Part Article</b></i><p><p>In last month's newsletter, the author began a discussion of the manufacturer practice of making increased safety features available to purchasers — but only for a price. The discussion concludes herein.

Features

Legal Tech: e-Discovery: Judge Says 'NO' to Party's Bid to Force Use of Predictive Coding Image

Legal Tech: e-Discovery: Judge Says 'NO' to Party's Bid to Force Use of Predictive Coding

By H. Christopher Boehning & Daniel J. Toal

Would Judge Peck's admiration and advocacy for predictive coding lead him, upon a request by the opposing party, to force a responding party to use it against that party's own wishes? Judge Peck recently faced this issue, putting potential use of predictive coding at odds with established precedent and procedure regarding how to conduct discovery.

Features

Protecting Counsel Privilege in a Post-Yates Memo World Image

Protecting Counsel Privilege in a Post-Yates Memo World

Ty E. Howard & Todd Presnell

<b><i>Part One of a Two-Part Article</b></i><p><p>While the Yates Memo makes no formal changes to the DOJ's position on privilege with respect to cooperation credit for businesses, its practical implications could be far-reaching.

Features

Release of Pineland Development Restrictions Invalidated Image

Release of Pineland Development Restrictions Invalidated

Stewart E. Sterk

Once Suffolk County pays a landowner to acquire Pineland Development Rights, can the county give some of those rights back to the landowner, without even requiring the landowner to pay for them?

Columns & Departments

Cooperatives & Condominiums Image

Cooperatives & Condominiums

ssalkin & Law Journal Newsletters

Questions of Fact Preclude Summary Judgment in Co-op Shareholder's Water Damages Action

Columns & Departments

Development Image

Development

ssalkin & Law Journal Newsletters

Lease to Pier 55 Complied With SEQRA

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin & Law Journal Newsletters

No Statute of Limitations Applies to Forgery Claim<br>Mortgage Reformed for Mutual Mistake<br>Error in Setting Upset Price Does Not Provide Adequate Basis for Setting Aside Foreclosure Sale<br>Laches Bars Claim for Reformation of Mortgage<br>Questions of Fact Preclude Summary Judgment in Assertion of Forgery<br>Grantor's Action to Set Aside His Own Quitclaim Deed<br>No Summary Judgment in Dispute Between Cotenants<br>Homeowners Association Properly Exercised First Refusal Right

Features

Medical Staff Leadership Responsibilities and the Issue of 'Disruptive Physicians' Image

Medical Staff Leadership Responsibilities and the Issue of 'Disruptive Physicians'

Andrew Zwerling

As stated by the Joint Commission, which is responsible for accrediting and certifying tens of thousands of health care organizations in the United, States, good leadership is critical to the viability and success of any organization, and “how well leaders work together is key to effective hospital performance … .”

Features

Late Notices of Claim on Behalf of Infants Image

Late Notices of Claim on Behalf of Infants

Thomas A. Moore & Matthew Gaier

<b><i>Two New York Case Studies</b></i><p><p>An application for a late notice of claim sounding in medical malpractice on behalf of an infant must be brought within the 10-year statute of limitations running from the date of the malpractice. This article examines two decisions from New York's highest court, the Court of Appeals, addressing such applications.

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