Severino v Weller, 2017 NY Slip Op 01325 (1st Dept. 2017) This is from the dissent which would have granted summary judgment to the doctor and the
Mezzone v Goetz, 2016 NY Slip Op 08474 (1st Dept. 2016) “However, plaintiff testified that his left foot wound did have pus emanating from the wound site,
Tate-Mitros v MTA N.Y. City Tr., 2016 NY Slip Op 07394 (1st Dept. 2016) There seem to be a few attorneys who do not understand the minimal
Rivera v Montefiore Med. Ctr., 2016 NY Slip Op 06854 (2016) Perhaps one of the most misunderstood and contrarily construed provisions of the CPLR is expert witness
Sepulveda v Dayal, 2016 NY Slip Op 06949 (2016) (1) To paraphrase, there were many experts who offered differing testimony “whether the infant plaintiff’s neuroblastoma could have been
New Horizon Surgical Ctr., L.L.C. v Allstate Ins. Co., 2016 NY Slip Op 51125(U)(App. Term 2d Dept. 2016) (1) “The sole witness to testify at trial was
People v Howard, 2015 NY Slip Op 08870 (3d Dept. 2015) Sometimes, you cannot obtain all of the links of the hearsay chain and have to rely
Coleman v New York City Tr. Auth., 2015 NY Slip Op 08906 (1st Dept. 2015) The general rule from the Second Department is a violation of 3101(d)
Lavi v NYU Hosps. Ctr., 2015 NY Slip Op 08715 (2d Dept. 2015) “In opposition, the plaintiffs failed to raise a triable issue of fact. The plaintiffs’
Lopez v Gramuglia, 2015 NY Slip Op 08068 (1st Dept. 2015) Familiar lesson here. An expert can generally opine about all areas of medicine. The other lesson
Gonzalez v Palen, 2015 NY Slip Op 51101(U)(App. Term 1st Dept. 2015) “The trial court erred in determining that defendants’ biomechanical engineer, Dr. Kevin Toosi, was not
How many times have you tried a case where the expert admits that a particular journal has broad support is a standard of care in the
