Evidence and expert proof for real litigation risk.
Practical New York resources for litigators, claims professionals, insurance carriers, TPAs, and risk managers evaluating admissibility, expert disclosure, treating physicians, evidentiary foundations, trial objections, and appellate preservation.
Recent Evidence & Expert Decisions & Analysis
-
Evidence DECISion
Impeachment Evidence in New York Cases: Proven Convictions vs. Collateral Attacks
Read more: Impeachment Evidence in New York Cases: Proven Convictions vs. Collateral AttacksNew York courts distinguish proven impeachment from unproven allegations when defendants attack treating physicians at trial.
-
Evidence DECISion
Third Department Enforces CPLR § 3101(d) Regarding Treating Physicians
Read more: Third Department Enforces CPLR § 3101(d) Regarding Treating PhysiciansThe Third Department held that treating physicians who offer causation opinions must comply with CPLR § 3101(d), affirming expert preclusion for repeated disclosure violations.
-
Evidence DECISion
New York Spoliation of Surveillance Video: Second Department Rejects Preclusion
Read more: New York Spoliation of Surveillance Video: Second Department Rejects PreclusionNew York spoliation of surveillance video: The Second Department held that negligent video loss warrants an adverse inference, not preclusion.
-
Evidence DECISion
Impeachment in New York Civil Law: Proven Convictions vs. Collateral Attacks
Read more: Impeachment in New York Civil Law: Proven Convictions vs. Collateral AttacksCase Summaries: Coakley v New York City Transit Authority Caminiti v Extell McGill v Whitney Museum of American Art Outline: (click on links to advance to the sections) Three recent New York decisions draw a bright line between proper impeachment and impermissible credibility attacks. Together, Caminiti, Coakley, and McGill reinforce a core…
-
Evidence DECISion
Rare Sanction: Court Strikes School District’s Answer for Spoliation of Athletic Field Evidence
Read more: Rare Sanction: Court Strikes School District’s Answer for Spoliation of Athletic Field EvidenceCase Summary: Zabielski v The North Shore Central School District Outline: (click on links to advance to the sections) It is rare for a New York court to strike a pleading based on spoliated evidence. Nassau County Supreme Court Justice Gary M. Carlton did exactly that…
New York Trial Caselaw App
Trial authority for the moment you need it.
Quickly locate concise New York authority addressing evidentiary objections, expert testimony, foundations, jury issues, courtroom procedure, preservation, and recurring trial problems. The app is designed to help litigators identify the governing rule, state the objection clearly, and preserve the issue for appellate review.
Open the Trial Caselaw AppA New York Civil Law litigation resource developed through MSL Media Productions LLC.