March 18, 2011

Preclusion orders.

Practice point: A defendant's preclusion from introducing evidence at trial does not automatically entitle plaintiff to summary judgment.

Students should note that a preclusion order is unlike the striking of an answer, which effectively resolves a claim against the non-disclosing defendant.

The case is Mendoza v. Highpoint Assoc., IX, LLC, NY Slip Op 01719 (1st Dept. 2011).


Monday's issue is Labor Law.