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New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.
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PERSONAL INJURY, EVIDENCE, CIVIL PROCEDURE, CRIMINAL LAW.
Although the Rape Shield Law Does Not Apply to a Civil Proceeding, Supreme Court Had the Authority to Prohibit the Questioning of Plaintiff’s Daughter About Her Sexual History to Prevent Embarrassment and Harassment in This Negligent Supervision Case
The Third Department upheld Supreme Court’s protective order prohibiting plaintiff’s child from being questioned about her sexual history. The complaint alleged the child was raped during a sleep over at defendants’ home. The complaint alleged several theories of liability, including negligent supervision. Supreme Court held that the Rape Shield Law applied to this civil case. The Third Department disagreed, but held that the court had the authority to prohibit the testimony to protect the child from embarrassment. Lisa I. v. Manikas, 2020 N.Y. Slip Op. 02846, Third Dept 5-14-20