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Category: Blog: The Westchester Litigator

Is it Ever Too Late to Make a Change? Westchester Supreme Court Commercial Division Grants a Post-Note of Issue Motion for Leave to Amend Under NY CPLR 3025(b)

Blog: The Westchester Litigator

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 Obtains Complete Defense Verdict at Arbitration and Then Wins Summary Judgment Motion Dismissing All Claims Against Casino Client

Blog: The Westchester Litigator

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 […]

The Client Made Me Do It:  Attorney-Client Relationship Precludes Attorney Liability for Tortious Interference with Contractual Relations

Blog: The Westchester Litigator

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 […]