While the CPLR permits an early pleading amendment as of right, any subsequent or “late in the game” amendment requires agreement among the parties or leave of court under CPLR 3025(b). That provision counsels courts that “[l]eave shall be freely given upon such terms as may be just . . […]
Yankwitt LLP successfully moved for summary judgment to dismiss all claims against its casino client brought in New Jersey Superior Court, Ocean County. The plaintiff alleged he suffered gastrointestinal injuries after eating at one of the casino’s restaurants. Yankwitt LLP’s deep dive into the plaintiff’s medical history, however, revealed that […]
You find yourself in the following situation: you have been sued, and your insurance company has provided a lawyer to defend you, as stipulated in your insurance policy, per the insurer’s “duty to defend.” While this sounds like a great deal for you and often is, there are circumstances under […]
Judge Halpern Denies Town of Carmel Residents’ Motion to Intervene Judge Halpern examined the twin doctrines of permissive intervention and intervention as of right in a suit brought by a telecom company against a municipality. The Court denied a motion to intervene by town residents. It found that the proposed intervenors […]
Attorneys serve their clients as advisors, counselors, advocates – and agents: The client, as principal, is authorized to direct the actions of the attorney, as agent, in accordance with representation. A recent Second Department decision examines the scope of that agency relationship in the context of a third-party claim that […]
Esther Rose
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