Workers Compensation defense substantitated
Court substantiates workers compensation defense in no-fault case, ruling cab company ownership creates employer-employee relationship under NY law.
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February 2018 Articles
20 articles published in February 2018
IME no-show not sustained
Court rules IME no-show defense fails when insurer didn't schedule exam within required 30-day timeframe under NY regulations 11 NYCRR 65-3.5.
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Timeliness of amended motion measured from the first motion
Appeals court rules that timeliness of amended summary judgment motion is measured from original service date, not refiling date in no-fault insurance case.
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Good hands people launched a less than laudable appeal
Allstate's unsuccessful appeal in Longevity Med. Supply highlights the importance of properly responding to no-fault verification demands and the futility of meritless appeals.
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Use and operation, again
Court case analysis examining "use and operation" coverage when bus driver refused to activate lift device, comparing to Cividanes precedent and questioning the legal distinction.
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Carothers to the COA (I missed it)
Court of Appeals grants leave in Progressive v Carothers case, creating rare four-opinion matter with certified question on Second Department's ruling
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Familiarity with predecessor business record practice
Court ruling demonstrates strict requirements for establishing familiarity with predecessor business records under CPLR 4518 hearsay exception in foreclosure cases.
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Mailing – CPLR 4518(a)
Court ruling highlights stricter requirements for proving mailing under CPLR 4518(a), requiring detailed affidavits about office procedures beyond just documentary evidence.
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Facebook is discoverable upon a proper foundation
New York court establishes proper foundation requirements for Facebook discovery in personal injury cases, rejecting automatic disclosure of entire accounts.
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A 325(d) case outside the equity jurisdiction of supreme Court cannot be ruled upon by an Acting Supreme Court Justice
Acting Supreme Court Justice cannot rule on 325(d) case outside supreme court's equity jurisdiction - NY appellate decision on post-judgment retransfer authority
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Failure to include order/judgment with declaration is fatal
Court orders granting motions aren't always final judgments. Learn why failing to include proper declarations in your order can be fatal to your case's preclusive effect.
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Avoiding the 120-day rule to make a summary judgment motion
Court ruling shows how defendants can avoid CPLR's 120-day summary judgment rule when motion involves purely legal questions rather than factual disputes.
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8 units per diem – the Workers Compensation Board has spoken
Workers Compensation Board clarifies 8-unit daily limit rule for PT treatments in NY no-fault insurance cases - CMT codes don't count toward non-chiro limits.
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20-days means just that
NY Court rules 20-day deadline for challenging arbitration is absolute - Ameriprise loses case for failing to timely object to no-fault insurance arbitration notice.
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New evidence used in reply – an angry court appears
Court permits new evidence in reply papers despite opponent's objections in New York no-fault insurance coverage dispute, highlighting procedural tactics.
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Interest was not tolled
New York appeals court rules that no-fault statutory prejudgment interest continues to accrue during litigation delays unless the plaintiff unreasonably caused the delay.
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An appeal that really went nowhere
MVAIC fails to vacate default judgment due to lack of reasonable excuse and meritorious defense in New York no-fault insurance case with compound interest.
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DJ went south
Court ruling on Unitrin v All of NY case shows how declaratory judgment for EUO non-compliance failed due to untimely notice requirements under NY no-fault law.
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Tolling of interest due to failure to prosecute
Delta Diagnostic case explains when no-fault statutory prejudgment interest tolling begins - court rules toll starts only after reasonable prosecution period ends.
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Hearsay – business records
People v Jones court decision on business records hearsay exception - printout evidence admission requirements and foundational standards under CPLR 4518.
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