Category Archives: Litigation

THE “ART” OF THE SUIT

Art has become both a commodity and an investment – and, as a result, disputes involving art and antiquities have become regular fare in our Courts.  During a recent three-week period, the First Department issued two opinions and Supreme Court, New York County, published three decisions relating to art and antiquities – involving the doctrine of mutual mistake; art looted during World War II; a disputed consignment agreement; misrepresentations as to the sale price of a painting; and artwork left for framing. Continue reading

UNDER THE RADAR

Much of the day-to-day work of our Courts takes place behind the scenes in ex parte or otherwise expedited proceedings in which exigent or otherwise extreme circumstances require an immediate hearing and a prompt disposition.  Examples follow in which the plaintiff-wife sought an Order enjoining her defendant-husband from being present in a delivery room when she gave birth to their child; a psychiatric facility sought an Order permitting retention of a patient and authorizing medication over the patient’s objection; petitioners sought to enjoin the special guardian of an incapacitated person from withdrawing life-sustaining treatment; petitioners sought to disinter and move a body; and legal parents of children in New York, whose legal standing is not recognized in all states and abroad, sought to adopt children here.

B.T. v. E.T., 2016 NY Slip Op 26280 (Sup. Ct. Richmond Co., DiDomenico, J., September 2, 2016) Continue reading

(NO “LITIGATION HOLD”) + SPOLIATION = SANCTIONS

“Litigation hold” is a notice requiring the preservation of all data that may relate to a claim or lawsuit.  “Spoliation” is the loss or destruction of evidence relative to a legal proceeding.

The failure to send or implement a “litigation hold” may result in loss of evidence resulting in a claim of “spoliation” – the sanctions for which run the gamut from an adverse inference charge that the lost evidence was damaging in nature or, in the extreme, to the striking of a pleading. Continue reading