On October 23, 2024, the Second Department issued a decision in Yakubov v. Gaft, 2024 NY Slip Op. 05240, holding that the best evidence rule does not bar evidence if there is an adequate explanation for the absence of the original . . . Continue reading Best Evidence Rule Does Not Bar Evidence if There is an Adequate Explanation for the Absence of the Original
On October 16, 2024, the Second Department issued a decision in Bank of N.Y. v. Levy, 2024 NY Slip Op. 05085, holding that a motion must be supported by business records, not just a records custodian affidavit attesting to the facts in the records . . . Continue reading Motion Must be Supported by Business Records, Not Just Records Custodian Affidavit Attesting to Facts in the Records
On June 26, 2024, the Second Department issued a decision in MTGLQ Invs., L.P. v. Daleo, 2024 NY Slip Op. 03477, holding that an affidavit submitted to prove non-payment of a loan must include the business records upon which the affidavit is based . . . Continue reading Affidavit Submitted to Prove Non-Payment of Loan Must Include Business Records Upon Which the Affidavit is Based
On May 16, 2024, the First Department issued a decision in Taxi Tours Inc. v. Go N.Y. Tours Inc., 2024 NY Slip Op. 02760, holding that an expert witness properly was excluded from testifying because of the expert’s failure to turn over all the data that was the basis for the expert’s decision . . . Continue reading Expert Precluded for Failure to Turn Over All Material Relied Upon
On April 17, 2024, the Second Department issued a decision in Bank of N.Y. Mellon v. Demasco, 2024 NY Slip Op. 02033, holding that a summary judgment motion failed for lack of proof that the evidence submitted in support of it were business records . . . Continue reading Summary Judgment Motion Fails For Lack of Proof That Evidence Submitted in Support Were Business Records
On December 28, 2023, the First Department issued a decision in 35 W. Realty Co., LLC v. Booston, LLC, 2023 NY Slip Op. 06794, holding that the Dead Man’s Statute Continue reading Dead Man’s Statute Did Not Bar Testimony Regarding Existence of Business’ Lease
On November 8, 2023, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Carrington, 2023 NY Slip Op. 05632, holding that a supporting affidavit describing business records Continue reading Affidavit Describing Business Records is Insufficient to Prove the Existence of Those Records
On October 31, 2023, the First Department issued a decision in Children’s Magical Garden, Inc. v. Marom, 2023 NY Slip Op. 05464, holding that a jury instruction that required, rather than allowed, jury to make an adverse inference was improper . . . Continue reading Instructions That Required Jury to Make Adverse Inference Improper
On October 12, 2023, the First Department issued a decision in Advanced Alternative Media, Inc. v. Hindlin, 2023 NY Slip Op. 05181, holding that an attorney affirmation can be used to submit a contract in support of a summary judgment motion . . . Continue reading Attorney Affirmation Can Be Used to Submit Contract on Summary Judgment
On September 29, 2023, Justice Masley of the New York County Commercial Division issued a decision in Beach v. Touradji Capital Mgt., LP, 2023 NY Slip Op. 33360(U), denying a motion to redact documents showing a party’s business dealings with the Trump family . . . Continue reading Court Refuses Request to Redact Documents Showing a Party’s Business Dealings With the Trump Family
