• Cullen and Dykman LLP Blogs

  • Archives

  • Author Archives: Cullen and Dykman LLP

    The End of Pay and Chase? Proposed Changes to the CLPR Would Significantly Change Risk Transfer Paradigm in New York

    Historically, New York’s procedural rules prohibited plaintiffs from directly suing, and recovering judgments against, third-party defendants. In our practice, this rule most commonly comes up in two ways: Plaintiff’s recovery is limited to what the defendants can pay, regardless of the financial resources of third parties who might be liable to the defendants. Defendants are […]

    NY Court of Appeals: ‘Private’ Social Media Is Discoverable – Foreman v. Henkin

    On February 13, 2018, the Court of Appeals issued Kelly Foreman v. Mark Henkin, an opinion which confirms the broad scope of discovery as it pertains to social media. The ruling—which pertained to social media content that had been identified as “private” by a  plaintiff on her Facebook account—  resolves an ongoing conflict among lower […]

    “Burlington” Assessment Published In New York Law Journal

    Cullen and Dykman LLP is proud to announce the recent publication of “Burlington: Duty to Defend Additional Insureds Still Going Strong”, in the New York Law Journal. The article discusses the impact of the recent Court of Appeals decision Burlington Ins. v. NYC Transit Auth. and can be accessed by clicking here. The article was authored by […]

    Limited Gas Drilling in New York?

    The New York Times recently reported that Governor Andrew M. Cuomo’s administration is quietly contemplating allowing hydraulic fracturing to occur on a limited basis in towns that welcome drilling and in areas where the Marcellus Shale formation is deepest. [1]    While the deliberations are still continuing and DEC Commissioner Joe Martens has declined to give […]

    Waterless Fracking?

    While the New York hydraulic fracturing moratorium is still in place as the DEC is working on the Supplemental Generic Environmental Impact Statement, it is believed that the use of liquefied petroleum gas (LPG) may sidestep the New York ban. The controversial and traditional method of extracting natural gas from deep shale formations utilizes a […]