Preliminary Sections

• Author: Edward L. Birnbaum/Carl T. Grasso/Ariel E. Belen
• Pages: 1-68

HIGHLIGHTS

The latest edition of New York Trial Notebook updates 31 chapters with hundreds of recent cases and

dozens of new tips and practice notes. Some of the many topics addressed are:

• Expert reports in the Commercial Division. §5:42

• Can a plaintiff alleging fraudulent transmission of an STD proceed anonymously? §7:02

• Amendment of complaint without leave when added cause of action has merit and presents no surprise.

§7:10

• Can a complaint be amended to assert a theory not mentioned in a notice of claim? §7:24

• Can a party who is a plaintiff in one suit and a defendant in another be represented by the same counsel

when the actions are tried jointly? §8:05

• A lease or other contract between the parties may preclude consolidation of actions. §8:14

• Does a “general release” mentioning specific claims release only those claims? §10:22

• Rescission of a settlement agreement for a “substantial and fundamental breach.” §10:23

• Plaintiff’s counsel disqualified and settlement set aside where counsel unknowingly hired a paralegal who

had extensive involvement with affairs of defendant’s founder. §12:46

• May a party testify as his or her own expert? §15:30

• Reversible error to admit notation in trooper’s report regarding who was at fault in an accident. §15:75

• Depending on how a subject has been addressed in a motion in limine, it may be error to permit expert

testimony on it. §15:80

• Effect of non-mandatory recommendations and guidelines promulgated by governmental and professional

entities on standard of care. §15:112

• Government and non-government websites as a source of “facts” that may be judicially noticed. §18:22

• Counsel’s obligations on discovering juror misconduct. §19:82

• Researching prospective jurors on social media and the Internet. §20:91.1

• Factual assertions during opening statement as informal judicial admissions that are not conclusive.

§21:141

• Opening statement may open doors a party would have preferred to keep closed. §21:145

• Standard of proof for piercing the corporate veil when fraud is involved. §22:43

• Admission into evidence of bank and similar records without foundation testimony through judicial notice.

§28:30

• Where trial court precluded defense witness, plaintiff’s comments in closing on witness’s absence were

improper and prejudicial. §31:113

• Dangers for defendants and plaintiffs in charging jury on redundant theories. §32:24

• What to do if an error is detected in the verdict sheet after deliberations begin. §33:61

• Tenant’s right to attorney’s fees under RPL §234. §38:160

• Attorney’s right to fee on justifiable withdrawal from case. §38:160

• Motion to require opposing party to pay for proof of unreasonably denied issues. §38:194

• Motions at post-trial conferences. §38:195

And More!

New York Trial Notebook

By Edward L. Birnbaum, Carl T. Grasso, Justice Ariel E. Belen (Ret.)

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