NY Daily Record Since 1908

The Federal Labor Standards Act places minimum wage and hour requirements on employers. Unless an exemption applies, the FLSA requires overtime pay for employees working more than 40 hours in a workweek. If an employee works more than 40 hours, ...

Tagged with: Advocate's View Robert P. Yawman III

Introduction There is something about social media that causes people to instinctively share, post and tweet whatever is on their mind (ask Donald Trump). As a result, social media accounts are a potential evidentiary goldmine for litigation attorneys (ask Robert ...

Tagged with: Advocate's View Kamran F. Hashmi

When I last wrote about unmissable deadlines, I described CPLR and NYCRR provisions setting deadlines that normally can’t be forgiven. If you’re defending a state court action, there’s another deadline you must remember: the 30-day deadline to remove an action ...

Tagged with: Advocate's View Jeremy M. Sher

With rising water levels in Lake Ontario damaging homes and businesses locally, and the active hurricane season of 2017 impacting properties across the country, many people and business are asking about flood insurance. Who offers flood insurance? Generally, flood insurance ...

Tagged with: Advocate's View Stacey E. Trien

In certain personal injury cases, plaintiffs rely upon expert witnesses to prove that a defendant created a dangerous condition. For example, in a trip-and-fall case, a plaintiff may retain an engineering expert to opine that a roadway was improperly constructed, ...

Tagged with: Advocate's View Robert Yawman III

In construction disputes or other personal injury or property damage matters, counsel is often asked if the payment of alleged damages can be passed along to another entity or person. The typical legal avenues for passing along risk are contribution, ...

Tagged with: Advocate's View Laurie A. Giordano

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

Trials are clashes of ideas and attitudes. Attorneys condense complex theories into characterizations and themes. Jurors consider what witnesses do on the stand in addition to what they say. But the jury’s memory of arguments and testimony can be fleeting. ...

Tagged with: Advocate's View Jeremy M. Sher

Whether you are a transactional attorney inserting an indemnification clause into a contract, or a litigation attorney determining whether to sue on an indemnification provision, it is important to understand how New York courts distinguish between intra-party and third-party indemnification ...

Tagged with: Advocate's View Stacey E. Trien

Courts must frequently determine the admissibility of statements contained in hospital records. What happens when an entry in a hospital record contradicts the plaintiff’s account of the accident? For example, will a court admit an entry that states a plaintiff ...

Tagged with: Advocate's View

Two times during my career, I have witnessed opposing counsel issue traditional judicial trial subpoenas in a New York State Supreme Court proceeding outside New York state. The opposing attorneys did not avail themselves of the possible procedural avenues available ...

Tagged with: Advocate's View Laurie A. Giordano subpoena

You would think that a judgment always comes from a judge, and in most cases they do. But the CPLR gives plaintiffs several ways to obtain a money judgment directly from the county clerk.  These CPLR provisions bypass the judge ...

Tagged with: Advocate's View Jeremy Sher