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Category: Blog: The Westchester Litigator

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 […]

Second Department Steps into the Sanctions Fray and Reverses Trial Court’s Lenient Ruling on Discovery Misconduct

Blog: The Westchester Litigator

CPLR 3126 provides the trial courts with broad discretion to sanction parties for failing to comply with their discovery obligations.  One of the most drastic remedies is striking a party’s pleading, which requires a clear indication that a party’s failure to comply with discovery is “willful and contumacious.”  Given the […]