11 articles published in November 2014
Court rules that dismissal for prior pending proceeding requires substantially the same relief being sought in both actions, rejecting tenant's motion to dismiss landlord's holdover proceeding.
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Easy Care Acupuncture v MVAIC case shows conclusory non-receipt statements insufficient to dismiss 45-day no-fault billing cases without proper search evidence
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New Jersey fee schedule properly applied to out-of-state services under NY no-fault law. Court ruling prevents coding battles, establishes clear reimbursement rules.
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Court rules on certificate of conformity requirements for affidavits in default judgment motions, finding waiver of CPLR 2309(a) defects is permissible.
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New York court ruling clarifies that while CPLR 2309 certificate defects aren't fatal, improper notarization requiring personal appearance still invalidates affidavits.
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Court denies missing document charge when plaintiff fails to prove accident scene photographs existed or moved to compel their production during discovery.
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Court ruling clarifies insurable interest requirements in NY auto insurance, showing vehicle owners have valid coverage interests that insurers cannot improperly cancel.
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In Fludd v Pena, a plaintiff's inability to recall which shoulder was injured and failure to complain about shoulder pain at IME severely damaged their case.
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Analysis of Sutliff v Qadar case examining permanent consequential vs significant limitation standards under 5102(d), highlighting the importance of early surgical intervention for personal injury claims.
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First Department demonstrates lenient approach to vacating default judgments based on law office failure, contrasting with Second Department's stricter stance on defaults.
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New York appellate court clarifies that procedural defects rarely constitute true jurisdictional defects under CPLR 5015(a)(4), making judgment vacatur extremely difficult.
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