A recent amendment to New York Civil Practice Law and Rules 3212 (b) makes it easier to use affidavits of previously undisclosed experts in motions for summary judgment. The amendment, which was signed into law by Governor Cuomo and went into effect on December 11, 2015, provides, “Where an expert affidavit is submitted in support…

By Steven M. Berlin, Esq. and Karen Hart, Esq. It was not until the start of the New Year, when employers began to learn about an unprecedented Christmas Eve gift-to workers-from the National Labor Relations Board. Building upon its activity in recent years of striking down employer’s handbook policies, the NLRB found certain policies that…

Zucker v. Porteck Global Services, Inc., et al., 13-CV-2674 (E.D.N.Y. October 23, 2015) Officers of two health care companies defeated Plaintiff’s attempt to amend a Class Action Complaint to name them as defendants. United States District Judge Joanna Seybert denied Plaintiff’s motion to amend due to Plaintiff’s lack of diligence and inordinate delay, and the…

By Steven M. Berlin, Esq. and Kamilah Mitchell, Esq. Five new laws that will have significant effects on employers throughout New York State take effect January 19, 2016. Signed by Governor Andrew Cuomo with some fanfare, they are further efforts designed to achieve pay equity for women, remove barriers to remedying discrimination, end family status…

By Steven M. Berlin, Esq. and Michael Goldwasser Effective this New Year, the growing community of New Brunswick, in the central part of New Jersey near Edison and Woodbridge, enacted its own paid sick leave ordinance with the aim of reducing public and private health care costs, promoting preventative health care and preventing opportunities for…

Hutchinson v. Sheridan Hill House Corp., __ N.Y.3d __ (October 20, 2015) After almost twenty years, the New York Court of Appeals has revisited the trivial defect defense. Rather that break new ground, the Court reinforced its holdings in the seminal trivial defect case, Trincere v. County of Suffolk, 90 N.Y.2d 976 (1997). The Court…

By James E. Kimmel, Esq. In an important decision on the discoverability of information posted to social media the Appellate Division, First Department, reversed a lower court order directing production of certain information from a Facebook account. However, a dissent may portend a future re-examination of the Court’s decisions in this area. In Forman v.…

The New York Metro issue of Super Lawyers, published by Thomson Reuters, has again honored Abrams Gorelick partners. Michael E. Gorelick was named a “Super Lawyer” for his work in Insurance Coverage and Glenn A. Jacobson a “Super Lawyer” for his work in Personal Injury Defense: General. Steven DiSiervi was honored for the second time…

By James E. Kimmel With millennials and others young at heart leading the way, ride sharing programs have become a 21st century success story. With Zipcar, now a subsidiary of Avis Budget Group, starting the movement in the early 2000s, other major players such as Hertz Corp., Enterprise Holdings and Daimler AG have made forays…

Virgulak v. Neal, et al., Index No. 22357/2013E (Sup.Ct. Bronx Cty. October 3, 2016) A Bronx motion court granted summary judgment dismissing claims against drivers of vehicles who were allegedly involved in the plaintiff’s decedent’s motorcycle accident. Plaintiff’s decedent was operating a motorcycle on the northbound side of the Henry Hudson Parkway in New York…