CPLR 3126 provides for sanctions against litigants who loose or destroy evidence during litigation. But what should happen if the evidence is lost or destroyed by a third-party – someone not involved in the litigation? A few jurisdictions have recognized an independent tort of third-party negligent spoliation of evidence toRead More →

Arbitration decisions can be vacated or modified under Article 75 of the CPLR.  However, there is a 90-day statute of limitations to commence such a proceeding to challenge an arbitrator’s decision.  CPLR 7511(a) specifically provides: An application to vacate or modify an award may be made by a party within ninetyRead More →

Alfred Hitchcock reputedly said, “I’m not against the police, I’m just afraid of them.” He was not afraid of them in the horror and gore sense. Nor was it the friendly street cop on patrol which raised the hairs on the back of his neck. Rather, I believe his sentimentRead More →