Not necessarily inconsistent
Court ruling clarifies that corrected affidavits with minor errors aren't necessarily inconsistent when supported by documentary evidence in business records cases.
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March 2018 Articles
11 articles published in March 2018
What is this about?
First Department affirms arbitrators' decision allowing Travelers to recoup full payment under New York no-fault insurance law, finding determination was rationally based on statutes.
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CPLR 3212(g) struck
New York appeals court clarifies burden of proof standards in no-fault insurance cases, addressing when plaintiffs must prove compliance with verification requests at trial.
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Feigned issue of fact coupled with cessation of treatment
NY court case on feigned issue of fact when plaintiffs contradict deposition testimony about cessation of treatment in personal injury claims.
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Establishment of lost wages
New York courts require substantial documentation to prove lost wages in personal injury cases, creating challenges for healthcare professionals reluctant to share financial records.
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Causation properly went to the jury
Court ruling shows how inconsistent testimony and medical records can undermine causation in personal injury cases, allowing jury to determine if accident caused injuries.
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Cart before the horse
Court ruling establishes that parties cannot use discovery to fix defective pleadings in no-fault insurance cases, reinforcing proper procedural requirements.
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Deposition of treating physician under NY rules
NY courts limit defendants' ability to depose treating physicians, requiring proof that testimony is unrelated to diagnosis/treatment and no other discovery avenue exists.
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“trauma increase the rate of disc dessication”
Court ruling shows how medical testimony linking trauma to accelerated disc degeneration can overcome preexisting condition defenses in personal injury cases.
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Cessation of treatment/Pre-existing injuries/Commentary
NY court ruling on cessation of treatment and pre-existing injuries in personal injury cases. Analysis of burden shifting and causation requirements.
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“Detailed and Credible” Explanation for the default
Court requires "detailed and credible" explanation for law office failure when seeking to vacate default judgment, as demonstrated in Premier Surgical Services case.
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