NY Daily Record Since 1908

Most discovery skirmishes arise after commencement of an action. On occasion, the battle is waged before an action is commenced, which brings into play CPLR §3201 (c). Pre-action discovery is available to aid in bringing an action, to preserve information ...

Tagged with: Advocate's View Mary Jo S. Korona

The availability and lure of social media to quickly find information about individuals involved in the legal system, and in particular prospective or sitting jurors, can overshadow the need to be aware of the ethical considerations imposed by the New ...

Tagged with: Advocate's View Mary Jo S. Korona

Sometimes described innocuously as a motion to exclude anticipated inadmissible, immaterial or prejudicial evidence, the motion in limine in a commercial case is a valuable strategic tool that can be effective in limiting discovery and explaining and narrowing complicated commercial ...

I am reminded of New York State Bar Association past President Steven Krane’s advice that attorneys spend a part of New Year’s Day reviewing the Rules of Professional Conduct. On the chance that your New Year’s Day plans do not ...

Starting and formalizing a business relationship, be it a partnership, limited liability company or closely held corporation, often includes a discussion about an agreement to resolve disputes only by way of arbitration. At the beginning of the business relationship, when ...

Tagged with: Advocate's View

No longer is mediation the new strategy on the block; however it continues to be discussed and, in some cases debunked by litigants and their counsel. One might ask, “What reasons underlie the negative reactions to mediation?” In my experience, ...

Tagged with: Advocate's View

Unjust enrichment claims are frequently asserted in actions involving disputed contracts. This strategy evolved in response to the long-standing legal principle that a party to a contract cannot obtain recovery for unjust enrichment unless the contract is unenforceable. In cases ...

Tagged with: Advocate's View

The task of construing long arm jurisdiction under CPLR §302 (a)(1)-(4) is enough to send most practitioners to the nearest vending machine for chocolate and soda. The task becomes more mind-numbing where the analysis involves a claim for defamation. In ...

Tagged with: Advocate's View

Jazz musicians will tell you that one of the keys to jazz is the polyrhythm, which is the simultaneous occurrence of two or more conflicting rhythms. The outcome can be pure music magic, as evidenced by the many wonderful jazz musicians who have appeared at this year’s Rochester International Jazz Fest.

Tagged with: Advocate's View

At the risk of dating myself, consider the famous quote from Walt Kelly’s cartoon strip, “Pogo,” in which the character observes: “We have met the enemy and he is us,” in connection with an end of year introspection about the innumerable tasks ...

Tagged with: Advocate's View

Baseball and golf fans, and likely even those who are neither, are familiar with the “bunt.” In baseball the play involves a non-swing of the bat that puts the ball in play. In golf, the bunt is a controlled shot designed to avoid wind or to ensure the ball finds the fairway.

Tagged with: Advocate's View

Rule 11 of the Federal Rules of Civil Procedure Rule for cases filed in federal courts and 22 NYCRR 130-1.1 for those filed in the courts of the state of New York, set the standards by which counsel and parties may be penalized for engaging in frivolous litigation.

Tagged with: Advocate's View Expert Opinion