Consolidation under CPLR 602(a) allows for multiple actions that involve common questions of fact and law to be merged under the same caption. The procedural tool is intended to avoid unnecessary duplication of trials, save on costs, and prevent injustice that may result from divergent decisions on the same facts. […]
Category: Blog: The Westchester Litigator
Apr 2023
Yankwitt LLP attorneys Michael Reed and Scott Wenzel examine personal jurisdiction in Fair Labor Standards Act collective actions and whether all opt-in plaintiffs must demonstrate their claims arose out of the defendant’s minimum contacts with the forum state. This was the topic of their article published in the New York […]
Mar 2023
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 . . […]
Mar 2023
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 […]
Jan 2023
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 […]