April 28, 2014

Recent Decision Concerning Admissibility of Expert Testimony of Biomechanical Engineer

By Barbara A. Hayes

The Appellate Division, First Department recently issued a decision broadly expanding the admissibility of the expert testimony of a biomechanical engineer. In Vargas v Sabri, 115 AD3d 505 [1st Dept 2014], the First Department upheld the decision denying plaintiff’s request for a Frye hearing to determine the admissibility of the testimony of Dr. Callum McRae.
April 15, 2014

Liberal Interpretation of Labor Law § 240(1) in Fernandez And The Need For Thorough Deposition Questioning

By Jon P. Pisiewski

On occasion, when conducting a deposition, attorneys find themselves confronted with an opposing counsel improperly objecting to “irrelevant” or follow-up questions about something the witness denied. However, thorough questioning anticipating potential pitfalls may often lead to asking the crucial question that can turn a case.
March 13, 2014

First Department Limits Discovery for Prior Injuries

By Jessica G. Price

In this week’s decision of Gumbs v. Flushing Town Ctr.III, L.P., 2014 NY Slip Op 01267, the First Department upheld a decision denying the defendants’ motion to compel authorizations based on the plaintiff’s claims for “loss of enjoyment of life” and past pain and suffering.
February 25, 2014

Recent Decision Concerning “Spoliation Sanctions”

By Barbara A. Hayes

The First Department recently issued a decision on a case involving the issuance of sanctions for spoliation of evidence. In Malouf v Equinox Holdings, Inc., 113 AD3d 422 [1st Dept 2014], the plaintiff brought a personal injury action against a health club operator, alleging she was injured on a treadmill in the health club.