Dean Pillarella Authors Article for New York Law Journal on CPLR 3212(g)

New York, N.Y. (January 30, 2023) - New York Appellate Associate Dean Pillarella recently authored an article for the New York Law Journal (NYLJ) (part of Law.com) titled "Flipping the Field With CPLR 3212(g)," which discusses a rarely-used procedural device that permits New York courts to issue orders – short of summary judgment or partial summary judgment – to aid with the efficient disposition of a matter.

Mr. Pillarella begins the article by reviewing the distinction between summary judgment and partial summary judgment – the “legal cousins” of CPLR 3212(g). Citing Lewis Brisbois' recent precedent-setting success in Leathers v. Approved Oil Co. of Brooklyn, Inc., he then explains how courts may use section 3212(g) where they do not grant summary judgment or partial summary judgment but instead determine which facts are incontrovertible and issue an order deeming those facts established. Calling such an order a “consolation prize” to unsuccessful movants for summary judgment, Mr. Pillarella goes on to describe the various contexts in which section 3212(g) can serve as a helpful tool – such as matters involving questions of comparative fault. He ultimately observes that orders issued pursuant to this section “serve the interests of fairness and judicial economy—exactly what CPLR 3212(g)’s drafters envisioned.”

Mr. Pillarella is a member of Lewis Brisbois' Appellate Practice. He focuses his practice on drafting and arguing substantive motions and appeals in the New York trial and appellate courts. Last year, Mr. Pillarella authored an article for the NYLJ, titled "The Informal Appearance, Its Origins, Instances, and Impact," which was cited in the latest edition of Professors Siegel and Connors' definitive New York Practice treatise.

You may access the full NYLJ article here (subscription may be required).