CPLR 5520 in action
CPLR 5520 case analysis: attorney served wrong party in no-fault appeal, court grants extension and stay despite procedural error in medical necessity dispute.
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July 2011 Articles
16 articles published in July 2011
Is this our Judge Cooper from Nassau?
Nassau County Judge Cooper's long career in no-fault insurance law cases, including IME no-show cross-motions and summary judgment practice in District Court.
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Another formulation of a prima facie case
New York court clarifies what constitutes a prima facie case for no-fault insurance providers seeking summary judgment, including standards for timely claim denials.
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You can't swear about things that happened at your job before you got there
New York court ruling highlights why insurance companies can't rely on employee testimony about mailing practices that occurred before their employment began.
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An psychologist can base his testimony off his own unsworn report – are you really surprised?
Expert psychologist testimony based on unsworn peer review reports is admissible when witness can explain factual basis and be cross-examined in no-fault insurance cases.
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Prima facie really does not mean prima facie
Court clarifies that prima facie showing in summary judgment only shifts burden, doesn't establish facts for trial in no-fault insurance cases.
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An affidavit really is not an affidavit
Court ruling highlights critical affidavit requirements and waiver rules for objections to defective affidavits in New York litigation practice.
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District Nassau –
Attorney's experience with Nassau District Court's professional no-fault insurance proceedings, comparing their organized system to NYC venues and praising their adherence to IAS standards.
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IME no-show Florida style
Florida court rules on IME no-show case, finding unreasonable excuse for missing medical exam appointments despite notice issues in no-fault insurance claim.
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New Jersey Appellate Division discusses MUA
New Jersey Appellate Division reviews MUA medical necessity standards, examining $18K+ claims and NAMUAP protocols in no-fault insurance dispute
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The failure to assert why the signature was stamped will not invalidate an affirmation
Court rules that challenging a stamped signature without explaining why it's invalid is insufficient to raise factual issues in no-fault insurance litigation.
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A bill delay for an EUO is insufficient to toll the claims determination period
New York court rules that insurance companies cannot use EUO delay letters to extend the 30-day deadline for paying or denying no-fault claims under Insurance Law § 5106.
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Mallela defense must be arbitrated upon demand of Applicant
Court rules that Mallela fraudulent incorporation defenses must be decided by arbitrators, not courts, when applicants demand arbitration under no-fault law.
Read More →![Business records (CPLR 4518[a]) back to the Appellate Division](https://cdn.jtnylaw.com/blog/business-records-cplr-4518a-back-to-the-appellate-division.avif)
Business records (CPLR 4518[a]) back to the Appellate Division
A significant business records evidence case returns to the Appellate Division after the Appellate Term's controversial interpretation of CPLR 4518(a) precedent.
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Present sense impression? Refreshing recollection? Inconsistent Statement?
Explores key evidence rules in NY civil cases: present sense impression, excited utterance exceptions to hearsay, refreshing recollection, and inconsistent statements.
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So what happens when you admit an allegation in an answer you should never have been admitted?
Learn what happens when you admit allegations in an answer that should have been denied, and how New York courts handle motions to amend pleadings.
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