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 […]
As aggressive defense counsel, one of our first considerations when reviewing a complaint is, “Can we move to dismiss?” In an ideal scenario, the plaintiff has failed to state a claim, and a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) will dispose of the case entirely or […]
According to the Fair Labor Standards Act (FLSA) and New York’s Labor Law (NYLL), statutory fee-shifting trumps the default American rule that each party bears its own fees and costs and obligates defendants to pay the attorneys’ fees of prevailing plaintiffs. What happens when plaintiffs prevail on some claims but […]
For real estate developers, the issuance of a building permit should be cause for celebration at the end of an oft arduous application process. By definition, a “permit” means the developer has the right to proceed with the project. Going further, New York’s “vested rights doctrine” enables a developer to […]
As experienced New York appellate practitioners, we are often struck by the federal and state courts near opposite approaches to interlocutory appeals (i.e., appeals from an interim trial court decision as opposed to a final judgment). Whereas New York state courts permit an interlocutory appeal of the majority of trial […]
Esther Rose
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