About CasePrepPlus

About CasePrepPlus

CasePrepPlus is an exclusive benefit of membership in the New York State Bar Association.

 

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.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.


 

SECOND DEPARTMENT

PERSONAL INJURY, CIVIL PROCEDURE, EVIDENCE, JUDGES.

Instructing the Jury on the Burden of Proof in This Damages-Only Personal Injury Trial Shifted the Burden of Proof; $5,500,000 Verdict Set Aside and New Trial Ordered

The Second Department, ordering a new trial in this personal injury action that had resulted in a $5,500,000 verdict, determined the “burden of proof” jury instruction should not have been given in this damages-only trial: “[W]e agree with the defendants that under the facts of this case, the Supreme Court’s determination to charge Pattern Jury Instructions 1:60 was improper in the context of a trial limited to the issue of damages only and was prejudicial to the defendants in that it shifted the burden of proof. In light of the court’s error in the charge, substantial justice was not done since the jury was not instructed with the germane legal principles to be applied …”. Gorokhova v. Consolidated Edison of N.Y., Inc., 2020 N.Y. Slip Op. 04828, Second Dept 9-2-20