Litigation Law
News and Knowledge
Saudi Arabia’s $1 trillion Skyscraper Neom
A “confidential” set of plans from 2021 for Saudi Arabia’s $1 trillion skyscrapers called “Neom” or “The Mirror Line” were recently reviewed by several media outlets revealing more details about the project. The project’s website can be located here. The project...
Peter W. Yoars Named as 2022 International Advisory Expert in NY Commercial Litigation
Yoars Law is proud to announce that Peter Yoars was selected again as International Advisory Expert’s (IAE) Award in New York Commercial Litigation for 2022. The annual awards pay tribute to firms and attorneys who have succeeded over the past 12 months and have...
Arbitration Clause in Construction Contract Enforceable
The Supreme Court, Suffolk County recently issued a decision on the applicability of NY General Business Law § 399-c to an arbitration clause in AIA contract. In a Tozzi v. McLoughlin Construction Corporation, Ind. No. 615869/2021, the plaintiff sued his contractor...
CPLR 4404 – Defendant’s Jury Verdict Reinstated by Appellate Division
The Second Department issued a decision this week in the case Jones v Westchester County, ___AD3d___, 2022 NY Slip Op 01774 (2022), an appeal handled by Peter Yoars of-counsel for the defendant.[1] In an action to recover damages for personal injuries, the defendant...
Construction Trends for 2022 and Beyond
Construction is considered one of the largest industries in the world but is also considered one of the slowest growing. However, new technology being introduced is looking to speed up the rate of change and a few of these are listed below. Virtual design and...
NY Labor Law: Property Owner’s Employee Not Entitled To Protection of Labor Law
In Foiles v Eastman, Cooke & Assoc., LLC, 2022 NY Slip Op 30342[U] (Sup Ct, NY County 2022), the plaintiff was director of security at the Hospital for Special Surgery, which was under construction. Plaintiff claimed he was caused to trip and fall due to a...
Federal District Court Sanctioned Plaintiff for Destroying ESI including Facebook Messenger & Telegram Using Unsend Feature
Electronically stored information (“ESI”) is a legal term broadly defined as any data or documents created or stored on electronic media. Examples include word processing documents; spreadsheets; digital photographs; videos; emails and their attachments; text and...
Contract With NY Plaintiff Does Not Mean Out-Of-State Defendants Automatically Subject to Personal Jurisdiction
Personal jurisdiction is the power a court has to make a decision regarding the defendant in a case. The law requires that the defendant has certain minimum contacts with the forum state for the court to exercise its power over the defendant. This week, the Second...
NY Appellate Court Finds that Hospital’s Peer Review Committee’s Statements are Discoverable
Common in the medical profession is the process known as clinical peer review, by which physicians evaluate each other’s performance.[1] In hospitals, peer review or quality-assurance committees regularly meet to review adverse patient safety events, near-misses,...