The New York state courts have a long tradition of permitting plaintiffs, under certain circumstances, to obtain discovery before commencing litigation pursuant to CPLR 3102(c). For the plaintiff’s bar, CPLR 3102(c) has been used to flesh out evidence in support of their complaints. However, from the defense perspective, pre-suit disclosure […]
Litigators must sometimes step into the middle of a case to replace former counsel. While this can be amicable, as when the prior law firm is not equipped to handle an upcoming trial, lawyers are sometimes called upon when the attorney-client relationship with the prior law firm has soured. In […]
Managing Partner Russell Yankwitt continues to be honored in the NY Top 10 List White Plains, NY (October 30, 2025) – Yankwitt LLP, Westchester County’s go-to law firm for high-stakes, bet-the-company litigation, once again dominates this year’s Super Lawyers and Rising Stars. Twelve of the firm’s attorneys were recognized in […]
One of the most common obstacles in commercial litigation is not the facts of a case; it is the clock. Under CPLR 213(2), the default statute of limitations for contract-based claims is six years. But as a recent decision issued by the Second Department demonstrates, contracting parties can choose to […]
With Judge Lefkowitz’s retirement, the Westchester Supreme Court has rolled out new Civil Case Management Rules, effective September 2, 2025, affecting the Settlement and Trial Parts. Below is a summary of the updated procedures and timelines practitioners need to know. Settlement Part Now Headed By Hon. Lewis J. Lubell Case […]