A resource for staying current on essential aspects of New York civil practice.
January 2026 Announcement:
PracticalNewYorkPractice.com Rises From The Dead
In 2023 Katryna L. Kristoferson and I embarked on a project to post each week a CPLR and evidence case of interest, each accompanied by practice pointers. We did, for a good while, and then work (and life) got the better of us, and while we continued to post our New York Law Journal and State Bar Journal columns, PracticalNewYorkPractice.com was, let’s say, hibernating for the winter.
But like many who make New Year’s Eve resolutions, Katryna and I have resolved to reembark on our journey through CPLR and evidence with an intrepid new co-contributor, Queens Supreme Court Judge Tracy Catapano-Fox. And now, in 2026, we three will be jointly authoring what we sincerely hope will, once again, be weekly posting of cases of interest. Our cases for the first week of January are posted on PracticalNewYorkPractice.com.
So, Katryna and I ask that you join us in welcoming Justice Catapano-Fox to PracticalNewYorkPractice.com. As Captain Renaud said to Rick Blaine as they walked off the airfield at the end of Casablanca, “this is the beginning of a beautiful relationship.”
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Evidence Case of the Week
Second Department Replaces Preclusion Penalty In Spoliation Decision With Adverse Inference Charge; Dissent Would Have Affirmed The Sanction Of Preclusion What exactly can serve as documentary evidence to support a CPLR 3211(a)(1) Spoliation is the intentional or negligent loss, destruction, or alteration of evidence. When evidence is lost, destroyed, or altered, a sanction may be
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CPLR Case of the Week
Second Department Explains Reasonable Excuse Requirement To Vacate A Default Two Second Department decisions from January 14, 2026 discuss what is necessary to establish a “reasonable excuse,” the first where plaintiff defaulted in opposing a motion and the second where both parties defaulted by failing to appear at a court conference. When a motion is
Recent Publications
A 150th anniversary is a rare milestone – so rare, in fact, that not even wedding anniversaries stretch that far. Unless you’re flipping through the Old Testament, chances are you won’t find many couples celebrating a sesquicentennial together.
Twenty years ago, the March/ April 2005 Burden of Proof column titled “Deposition Tips Your Parents Taught You” was published in the NYSBA Journal…
Twenty years ago, the March/ April 2005 Burden of Proof column titled “Deposition Tips Your Parents Taught You” was published in the NYSBA Journal…
Thank you for visiting us at www.PracticalNewYorkPractice.com, and let us know how we can help you by emailing David at David@DPHPLLC.law or Katryna at Katryna@DPHPLLC.law.