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New York Civil Litigation Review

Category Archives: CPLR

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New York County Judge Rules Against the Joint Trial of Asbestos Cases

Posted in CPLR, Toxic Torts

Within a recent decision, Judge George Silver of Supreme Court, New York County, held that since not all asbestos plaintiffs are created equal, the joint trial of several, bundled asbestos lawsuits is not axiomatic — as the plaintiffs’ bar would have it — but rather needs to be established in each individual case. In doing so,… Continue Reading

Against Medical Advice – Remember CPLR Article 14.

Posted in CPLR

A recent article highlights why, when a patient signs out of a hospital ‘against medical advice,’ (“AMA”) counsel defending malpractice and personal injury lawsuits must raise culpable conduct/comparative negligence as an affirmative defense when interposing Answers on behalf of their clients.