Staying Current & Competent

Category: Case of the Week

  • 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…

  • CPLR Case of the Week

    Emotional CPLR One rarely thinks of legal statutes as having feelings, but some do, as the First Department reminded us this week.  In F.E. v. Ebrahim, 2026 NY Slip Op 00309 (1st Dep’t 2026), the Court reaffirmed the concept of CPLR 3216 being an ‘extremely forgiving’ statute when reviewing dismissals under the rule. In Ebrahim,…