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Social media: Keep a low profile when involved in a lawsuit

If you are involved in a lawsuit or litigation of any kind, you may want to think twice before pushing back on a Facebook troll who's getting under your skin. Just like the Miranda rights warning you hear on cop shows, "anything you say can and will be used against you in a court of law." That applies to Facebook and other social media as well. It also includes anything you have posted in the past or may be tagged into. Basically, your profile and entire social media history can be used as evidence against you.

Important Legislation Signed by Governor re: Expert Affidavits

Expert affidavit to be considered on summary judgment motions - whether or not the expert has been previously disclosed. The Governor has signed S5188/A6265 into law. This legislation overrules a line of decisions, including Construction by Singletree, Inc. v. Lowe, 55 A.D.3d 861 (2d Dep't 2008), Garcia v. New York, 98 A.D.3d 857 (1st Dep't 2012), Rivers v. Birnbaum, 102 A.D.3d 26 (2d Dep't 2012) and DeSimone v. New York, 119 A.D.3d 422 (1st Dep't 2014) which have permitted trial judges, in an exercise of discretion, to decline to consider expert affidavits submitted in support of or in opposition to, summary judgment motions where the proponent of the affidavit did not serve a CPLR 3101(d)(1)(i) exchange prior to the filing of the note of issue.
This legislation amends CPLR 3212(b) to expressly allow such an expert affidavit whether or not an expert disclosure was made prior to the submission of the affidavit.
This bill applies to all motions for summary judgment made on or after December 11, 2015.

  • $2.05 Million Settlement Mother of Two Struck and Killed by Motorist

    StolzenbergCortelli LLP recently resolved a heart breaking wrongful death action. The mother of two was struck and killed, while she crossed a roadway.

  • $1.1 Million Settlement StolzenbergCortelli LLP Settles Trip Over Nail Case

    Terrence and Howard settled a trip and fall case for $1,100,000. In this case, our client (a resident of Brooklyn) was a cleaning lady who was hired to clean the newsroom of the Wall Street Journal.

  • $750,000 Verdict Jane and John Doe v. Defendant Driver

    The names are redacted for privacy reasons. In this automobile accident case, the female plaintiff was injured and suffered seriously debilitating injuries.

  • $525,000 Settlement Injured When the Trailer upon which He was Standing Collapsed

    Our client was a teamster, working at a concrete plant in Westchester, when he was seriously injured. At the time, he was standing on a trailer, which is colloquially known as a "low boy", when the wooden slats upon which he was standing, collapsed.

  • $457,500 Settlement Car Accident Victim With Pre-Existing Neck Injury

    Settled a client's case for $457,500. The client suffered a significant cervical spine injury requiring a fusion surgery.He was t-boned by a car exiting Purdy's farmer and the Fish in Somers, New York.

  • $450,000 Settlement StolzenbergCortelli LLP Settles Construction Accident Case

    Howard Stolzenberg settled a case for $450,000 where a construction worker was forced to use an exterior fire escape ladder to access the top of the building all while carrying a one gallon bucket of paint. The worker fell and fractured his ankle.

  • $100,000 Settlement Teenager Hit From Behind

    We just settled a case for a young girl who was injured when she was struck from behind while waiting at a red light at an intersection near the entrance to the Saw Mill in Yonkers. She had hip and shoulder surgery.

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