Litigation Law
News and Knowledge
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,...
Peter W. Yoars Jr. Recognized by Martindale- Hubbell® for 10 th Year in a Row.
Yoars Law is pleased to announce that Peter W Yoars Jr. received the highest possible rating in legal ability and ethical standards by Martindale-Hubbell®. For the 10th straight year, Peter received an AV Preeminent® rating for 2022, which is the highest peer rating...
New York City Home Improvement Contract Requirements
The second part of our series on the requirements for home improvement contracts focuses on New York City. Pursuant to NY General Business Law on Home Improvement Contracts § § 770 to 776 and NYC Administrative Code § § 20-385 to 20-397, every home improvement...
Connecticut Home Improvement Contract Requirements
Connecticut has specific provisions in the Home Improvement Act (“HIA”) as to what contractors need to ensure appears in their contracts with homeowners.[1] The statute requires contractors to make sure their contracts comply. Each contract must: be in writing; signed...
NY 2nd Dept Upholds Complaint Containing Breach of Contract & Fraud Claims Based on Breach
In NY, a complaint containing a fraud cause of action must allege the circumstances underlying the fraud in sufficient detail.[1] Typically, plaintiffs cannot claim a cause of action to recover damages for fraud and breach of contract where the fraud claimed arises...
Peter Yoars Named as 2021 International Advisory Expert in NY Commercial Litigation
Yoars Law is proud to announce that Peter Yoars was chosen as a winner of the 2021 International Advisory Experts (IAE) Award in New York Commercial Litigation. The annual awards pay tribute to firms and attorneys who have been successful over the past 12 months and...