 |
Category : Law | Tags : |
Practice point: A complaint states a prima facie case of disability discrimination under Executive Law § 296 if the plaintiff suffers from a disability and the disability engendered the behavior for which plaintiff was discriminated against in the terms, conditions, or privileges of plaintiff’s employment.
Practice point: No appeal lies as of right from that part of an order which does not decide a motion made on notice, pursuant to CPLR 5701[a][2].
Practice point: If the issue of an allegedly unsafe condition is within the common knowledge and experience of jurors, a plaintiff is under no obligation to rebut a defendant’s expert’s conclusions with expert testimony of its own.
Practice point: New York does not recognize a cause of action based on negligent parental supervision.
Practice point: Pursuant to CPLR 3211[a][5], a plaintiff who has timely interposed a claim against one defendant may be barred by the statute of limitations from adding another defendant, pursuant to CPLR 3025[a]; 1003.
Practice point: Arbitration and other alternative procedures for resolving disputes are creatures of contract, and while the law favors such alternatives to litigation, a party will not be denied judicial resolution of a controversy unless there is a governing provision regarding alternative dispute resolution.
Practice point: Pursuant to CPLR 317, a defendant who has been served with a summons other than by personal delivery may seek relief from a default upon a showing that it did not receive notice of the summons in time to defend, and that it has a meritorious defense.
Practice point: An attorney’s premium fee is enforceable if the retainer agreement satisfies the plain language and specificity requirements of 22 NYCRR 1400.3(8). The client must be advised beforehand as to how such a fee will be calculated, e.g., as a flat amount, a fixed percentage or a reasonable percentage of the total hourly charges incurred.
Practice point: New York State does not recognize the common-law tort of invasion of privacy except to the extent it comes within Civil Rights Law §§ 50 and 51. These statutes protect against the appropriation of a plaintiff’s name or likeness for a defendant’s benefit and create a cause of action in favor of any person whose name, portrait, or picture is used for advertising purposes or for trade without the plaintiff’s consent.
Practice point: A party should be given a reasonable opportunity to conduct discovery prior to the determination of a motion for summary judgment.
| ||
Standard Podcasts: 
