Scope of cross-examination
Court of Appeals framework for cross-examining medical professionals on prior bad acts, criminal conduct, and credibility issues in New York litigation.
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July 2016 Articles
11 articles published in July 2016
Judicial notice v. CPLR 4518(c)
Court clarifies distinction between judicial notice and CPLR 4518(c) for DOS records, finding uncertified printouts inadmissible despite government website sources.
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Failure to preserve argument
New York appellate courts apply inconsistent standards when deciding whether to hear unpreserved arguments for the first time on appeal, creating uncertainty for practitioners.
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Massachusetts law applies
Massachusetts law governs no-fault insurance claims with lower PIP limits and health insurance offset provisions, creating expedient claim resolution strategies.
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Unpleaded defense can serve as basis to move for summary judgmemnt
NY court rules unpleaded defenses can support summary judgment motions without prejudice or surprise to opposing party in insurance litigation.
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EUO no show – discovery is waived when objection not lodged
Court ruling clarifies that healthcare providers who fail to respond to EUO requests cannot later challenge their reasonableness, waiving discovery rights in no-fault litigation.
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Mutual rescheduling in between two no shows – valid
Court ruling on EUO no-shows: mutual rescheduling between two missed examinations under oath still constitutes valid grounds for denial in New York no-fault cases.
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When insanity is more persuasive than reason
Appeals court vacates inappropriate default judgment in no-fault insurance case where trial court refused reasonable adjournment despite clear calendar confusion.
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Fraudulent procurement defense looks more like a 3105 defense
New York court ruling establishes that fraudulent procurement defense requires same evidence standards as Insurance Law 3105 material misrepresentation claims.
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Trial de novos and exhausting administrative remedies
Appeals of trial de novo rulings and Article 75 decisions in NY no-fault insurance arbitration cases, including master arbitration brief requirements and administrative remedies.
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The EUO bust statement as a business record
Learn how EUO bust statements can serve as admissible business records in NY no-fault insurance cases, including court analysis and practical litigation tips.
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