The Second Department held that CPLR 3220’s post-offer “expenses” include attorney fees and affirmed an $11,473 award after the plaintiff recovered less than the defendant’s contract-damages offer.
Second Department affirms grant of reargument in OB malpractice case: trial court properly vacated its prior grant of summary judgment after recognizing it had overlooked defendants’ introduction — for the first time in reply — of a new ‘in-house obstetrician’ theory that plaintiff had no chance to rebut.
The Appellate Division, Second Department sustained a habeas writ for a defendant held more than 90 days without a valid certificate of compliance, finding the People’s supplemental CoC deficient because 60-plus automatic discovery items—including mandatory impeachment materials—remained outstanding at the time of filing.