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Tag Archives: Advocate’s View

Advocate’s View: Indemnification agreements — Intra-party vs. third-party claims

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 ...

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Advocate’s View: Admissibility of inconsistent statements in hospital records

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 ...

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Advocate’s View: Facing the issuance of out of state trial subpoenas

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 ...

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The power of authentic testimony

Prosecutor: “And what did you say to the 15-year-old girl after the competition?” Defendant (in a sexual molestation case): “I said, ‘You are a [expletive].’” Prosecutor: “What else did you say to the young girl?” Defendant: “I said, ‘You deserve ...

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