Correct Note of issue asserting discovery is outstanding not basis for striking Note
Queens Supreme Court ruling allows Note of Issue to stand despite outstanding discovery, raising concerns about proper case management procedures.
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April 2017 Articles
11 articles published in April 2017
Defaults 3215(f) – what does it mean?
Analysis of CPLR 3215(f) default judgment requirements in NY no-fault subrogation cases, examining procedural differences between Civil and District Courts.
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Discretion was not abused
Court upholds denial of trial adjournment request where defense failed to show due diligence in securing expert witnesses despite 6-week notice period.
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Post note of issue discovery granted
Court allows post-note of issue discovery without vacating the note, clarifying when additional discovery is appropriate after filing the note of issue.
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Carothers
Court examines fraudulent incorporation under Mallela standard, analyzing Business Corporation Law requirements for professional service corporations in no-fault insurance case.
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Reasonable excuse not upheld
Court rejects law firm's reasonable excuse claim for default, finding pattern of neglect that constitutes serious lack of attention to case progress.
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Additional Verification – proper response
Court ruling shows healthcare providers must specifically address verification requests rather than making general statements about not possessing records.
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Priority of payment – an extended discussion
In-depth analysis of no-fault insurance policy exhaustion and priority of payment regulations following Alleviation Med. Servs. v Allstate, examining conflicts between policy limits and payment order requirements.
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E-filing and its perils
New York court ruling on e-filing deadlines and venue change motions. Learn how electronic filing requirements affect procedural deadlines in personal injury cases.
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The expert opinion
New York courts clarify when medical experts can testify outside their specialty area and the foundation required for reliable expert testimony in personal injury cases.
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Qualification of an expert
Court rejects cardiovascular surgeon's expert opinion on visual impairment, emphasizing that medical experts must have specialized knowledge in the relevant field to testify.
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