Requestee pays for discovery
New York court rules on discovery costs burden in litigation - requestee pays first, with limited cost-shifting options available.
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February 2012 Articles
23 articles published in February 2012
Why take a default in the First Department?
New York's First Department shows leniency in vacating default judgments when law office failures are excusable and no prejudice exists to the opposing party.
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No Fault and Uninsured Motorist subrogation
Court ruling on no-fault and uninsured motorist subrogation requiring physical examination and prima facie proof of serious injury and medical necessity.
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A passenger may move for partial summary judgment re: liability
Passenger wins partial summary judgment on liability in NY appellate case, demonstrating effective legal strategy for innocent passengers in multi-vehicle accidents.
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EUO no-show from the First
Court ruling confirms insurers can deny no-fault claims when assignors fail to appear for properly noticed examinations under oath (EUOs).
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2221(a) motion appropriate to deal with motion to vacate sua sponte order
Learn when CPLR 2221(a) motions are appropriate for vacating court orders in NY personal injury cases. Expert analysis of Tangalin v MTA decision.
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Business record challenge to police report
Learn how business records exceptions affect police report admissibility in NY personal injury cases. Expert analysis of Hernandez v Tepan decision for Long Island attorneys.
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Second Medical – loses at prima facie again
Second Medical loses another prima facie case in NY personal injury law. Learn what makes a strong prima facie case and avoid common litigation mistakes.
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Procedural Delays in No-Fault Insurance Litigation: Understanding the Prejudice Standard
Learn about procedural delay standards in NY no-fault insurance litigation. Expert analysis of prejudice requirements for Long Island & NYC medical providers.
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Understanding Res Judicata in No-Fault Insurance: When Past Decisions Bar Future Claims
Learn how res judicata doctrine affects no-fault insurance litigation in NY. Expert analysis of declaratory judgments and legal barriers for medical providers.
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No-Fault Insurance Medical Necessity: Understanding the Praetorian Standard
Expert analysis of medical necessity requirements in NY no-fault insurance. Learn from Praetorian case precedent for Long Island & NYC medical providers.
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A court in Nassau has applied Unitrin through a front door and back door channel
Analysis of Nassau County court applying Unitrin v. Bayshore in American Transit v. Mayo IME no-show case. Expert legal analysis of front/back door channels.
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Proof in opposition was insufficient to show a forgery
Learn the legal standards for proving document forgery in New York courts. Expert analysis of JPMorgan Chase Bank v. Bauer case and evidentiary requirements.
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Surgical Center does not need to comply with Article 28 to be reimbursed under no fault
Learn about Article 28 licensing requirements for surgical centers in NY. Expert analysis of Upper E. Side Surgical v State Farm case and reimbursement rules.
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No-Fault Insurance Medical Necessity: When Stipulated Evidence Defeats Claims
Expert guidance on no-fault insurance medical necessity disputes in NY. Learn how stipulated evidence can defeat claims. Strategic trial advice. Call 516-750-0595.
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Understanding Appellate Jurisdiction: When Court Orders Can and Cannot Be Appealed in New York
Understand appellate jurisdiction in NY courts. Learn when court orders can and cannot be appealed. Expert appellate guidance for Long Island and NYC. Call 516-750-0595.
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Credit Card Debt Collection Defense: Understanding Your Rights in Long Island and NYC
Expert credit card debt collection defense for Long Island and NYC residents. Understand your rights and defenses against credit card lawsuits. Call 516-750-0595.
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Strategic Decision-Making in Appeals: When Not to Fight Workers’ Compensation Rulings
Strategic analysis of when not to appeal unfavorable workers' compensation rulings in New York. Expert insights on cost-benefit decisions for Long Island attorneys.
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When Insurance Defense Goes Wrong: Progressive’s Procedural Failures in Peer Review
Progressive's peer review defense fails due to improper affidavit procedures in NY no-fault case, showing how procedural errors can defeat strong defenses.
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Understanding Medical Necessity and Peer Review Requirements in New York No-Fault Cases
Learn how New York no-fault insurance medical necessity determinations and peer review requirements impact healthcare providers in Long Island and NYC court cases.
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Improper Use of an Affirmation Cost Plaintiff Its Case: Understanding CPLR 2106 Requirements in New York
New York CPLR 2106 affirmation requirements in personal injury cases. Learn how improper affirmations can cost plaintiffs their cases and technical compliance rules.
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A Question of Fact Through an Affidavit of a Doctor: Medical Necessity in New York No-Fault Cases
Learn how doctor affidavits create questions of fact for medical necessity in NY no-fault insurance cases. Essential guidance for Long Island personal injury claims.
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A Case and Reserves That Will Remain in Limbo: Understanding New York No-Fault Insurance Law
Learn how New York court calendar restoration rules create legal limbo for personal injury cases, keeping insurance reserves tied up indefinitely in Long Island and NYC.
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