Evidence

In Yassin v. Blackman, No. 2019-04138, 2020 N.Y. Slip Op. 05090, 2020 WL 5648349 (N.Y.A.D. 2 Dept., Sep. 23, 2020) – a personal injury motor vehicle accident case – the Appellate Division, Second Department clarified its “case law regarding the admissibility of a party’s statement recorded in an uncertified police report” and held “that, absent…

Read More 2nd Dept. Discusses Admissibility of Uncertified Police Reports in Personal Injury Case
Share This:

In Monzac v. 1141 Elder Towers LLC, 2020 NY Slip Op 01243 (App. Div. 1st Dept. Feb. 20, 2020) – a personal injury slip-and-fall case – the court reversed the lower court’s directed verdict for defendant. From the decision: Plaintiff’s trial evidence established prima facie that defendant had constructive notice of the water on the…

Read More Evidence of Water on Lobby Floor Meets Summary Judgment Burden in Personal Injury Slip/Fall Case
Share This:

In Naumovski v. Binghamton University, State University of New York, 3:11-CV-1097, 2019 WL 5445346 (N.D.N.Y. Oct. 24, 2019), the court denied defendant’s motion to exclude, on hearsay grounds, alleged rumors of a relationship involving plaintiff. From the decision: Defendants contend plaintiff should be excluded from offering her own testimony or that of others regarding rumors…

Read More Rumors of Relationship Held Not Hearsay in Employment Discrimination / Sexual Harassment Case
Share This:

In Matthews v. Hewlett-Packard Company, 15-cv-3922, 2017 WL 6804075 (S.D.N.Y. Dec. 22, 2017), a race discrimination/hostile work environment/retaliation case, the court explained and applied the principles applicable to the admissibility of expert testimony – under FRE 702/Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) – as to emotional distress damages. In sum, the court…

Read More Court Precludes Expert Testimony on Emotional Distress in Race Discrimination Case
Share This:

The Southern District of New York’s recent decision in Robinson v. Vineyard Vines, LLC, No. 15CIV4972VBJCM, 2016 WL 845283 (S.D.N.Y. Mar. 4, 2016) provides an example of how the work product doctrine operates in the context of an employment discrimination/sexual harassment case. In this case, plaintiff alleged that another employee “repeatedly sexually harassed her and…

Read More Investigative Documents in Sexual Harassment Case Were Protected as Work Product
Share This:

In Kearney v Papish, 2016 NY Slip Op 00697 (App. Div. 2nd Dept. Feb. 3, 2016), a medical malpractice action, the court affirmed the denial of a motion to set aside a defense verdict. This decision is instructive as to when an expert has deemed material “authoritative” such that they may be confronted with it on…

Read More Medical Text Properly Used During Cross-Examination; Court Rejects Purported “Semantic Trick” as to the “Authoritative” Status of Work
Share This:

In Village of Freeport v. Barella (decided February 16, 2016), the Second Circuit addressed whether “‘Hispanic’ describes a race for purposes of 42 U.S.C. § 1981 and Title VII.” In this case – which resulted in a $1.35 million jury verdict for plaintiff – plaintiff alleged (in sum) that defendant Village’s former mayor Andrew Hardwick did…

Read More Second Circuit: “Hispanic” is a “Race” For Purposes of Federal Antidiscrimination Laws
Share This:

In Henry v. Morgan’s Hotel Grp., Inc., No. 15-CV-1789 (ER)(JLC), 2016 WL 303114 (S.D.N.Y. Jan. 25, 2016) – a race and sexual orientation discrimination case – the court quashed subpoenas seeking documents from plaintiff’s prior employers. Specifically, the court quashed the subpoenas because they (1) failed to provide adequate notice, (2) would cause prejudice to plaintiff,…

Read More Court Quashes Subpoenas Seeking Documents Held By Discrimination Plaintiff’s Prior Employers
Share This:

In car accident litigation, a police report often supplies useful information. But is it admissible in court? That was an issue addressed by the Second Department in Memenza v. Cole, 2015 NY Slip Op 06789 (App. Div. 2d Dept. Sept. 16, 2015). The court summarized the law as follows: Facts stated in a police report…

Read More Improperly-Admitted Redacted Police Accident Report Results in New Trial Following Defense Verdict in Personal Injury (Pedestrian Knockdown) Case
Share This:

In Ramsaran v. Booz & Co. (N.A.) Inc., No. 1:14-CV-708-GHW, 2015 WL 5008744 (S.D.N.Y. Aug. 24, 2015), the Southern District of New York granted defendant’s motion for summary judgment on plaintiff’s pregnancy discrimination claim. In sum: After a series of documented negative reviews regarding her job performance, Ms. Ramsaran was fired. At the time that…

Read More Pregnancy Discrimination Case Dismissed
Share This:
(212) 227-2100