The Best Evidence Rule: It’s the Original Document
- Nov 20 2024
By: Jeffrey M. Haber In litigation, parties often dispute the content and meaning of documents that form the basis of their dispute. Too many times a litigant will say that …
Category: Evidence
Court Strikes Complaint As Sanction For Spoliating Evidence
- Jun 17 2024
By: Jeffrey M. Haber Section 3101 of the Civil Practice Law and Rules (“CPLR”) provides that, in general, “there should be full disclosure of all matter material and necessary in the …
Proper Evidentiary Support for Compliance with RPAPL 1304 Remains an Issue for Foreclosing Lenders
- Jun 30 2023
By Jonathan H. Freiberger Because there have been a number of appellate decisions interpreting RPAPL 1304, this Blog has written frequently on that topic. See, e.g., [here], [here], [here], [here], …
Do Not Complain About What You Annex to Your Complaint
- May 5 2023
By Jonathan H. Freiberger Pursuant to CPLR 3014, inter alia, “[a] copy of any writing which is attached to a pleading is part thereof for all purposes.” Where “a copy …
Supreme Court, Kings County, Denies Unopposed Motion for Summary Judgment Due to Evidentiary Failures
- Apr 14 2023
By Jonathan H. Freiberger As explained in prior Blog articles, a court will grant a motion for summary judgment if, upon all the papers and evidence submitted, the cause of …
WhatsApp With Your Spoliation of Important Cell Phone Information
- Mar 17 2023
By Jonathan H. Freiberger This Blog has frequently addressed the interplay between document discovery in litigation and the repercussions resulting from the spoliation of evidence. [See, e.g., [here], [here], [here], …
SPOLIATION OF EVIDENCE
- Oct 7 2022
By Jonathan H. Freiberger Section 3101 of the CPLR provides that, in general, “there should be full disclosure of all matter material and necessary in the prosecution or defense of …
Second Department Once Again Finds that Evidentiary Failures Regarding Lender’s Standing in Mortgage Foreclosure Action Warrant Reversal of Judgment of Foreclosure and Sale
- Mar 25 2022
By Jonathan H. Freiberger This Blog has frequently written about numerous different issues regarding residential mortgage foreclosure. One recurring issue relates to the evidentiary proof necessary for the lender to …
Two Cases, Same Result: Second Department Sustains Borrowers’ Defenses of Failure to Comply With the Notice Requirements of RPAPL 1304 Due to Lenders’ Evidentiary Failures
- Nov 12 2021
By Jonathan H. Freiberger This Blog frequently writes about decisions related to residential mortgage foreclosure actions. [Here and the articles hyperlinked therein.] One frequent topic that is always ripe for …
Another Judgment of Foreclosure and Sale Reversed Due to Lender’s Failure to Lay Bare Sufficient Proof of Compliance with RPAPL 1304
- Sep 24 2021
By Jonathan H. Freiberger This Blog frequently analyzes residential mortgage foreclosure issues. See, e.g., [here] and the articles hyperlinked therein. As relates specifically to today’s article, we have frequently focused …
