3212(a) by-pass
Court approval is required to bypass CPLR 3212(a)'s 120-day summary judgment deadline - parties cannot simply stipulate around timing requirements without express judicial consent.
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April 2018 Articles
12 articles published in April 2018
Mailing again, again
New York foreclosure case demonstrates that conclusory statements about mailing procedures are insufficient; requires sworn testimony from someone with personal knowledge.
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8 units may apply to various specialties
NY Workers' Compensation Board clarifies 8 RVU limitation rules for physical therapy and chiropractic treatment in no-fault insurance claims.
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Triable issue of fact on EIP issue
Court denies summary judgment in no-fault case where insurer failed to prove assignor wasn't eligible injured person despite out-of-state accident location.
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An order granting a declaratory judgment suffices for affirmation in opposition
Court ruling confirms Supreme Court declaratory judgment orders can support Civil Court decisions without formal opposition papers in no-fault insurance cases.
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Guideposts to vacate a trial default
Court ruling demonstrates strict standards for vacating trial defaults, requiring parties to show valid excuses for non-appearance and prompt action to remedy defaults.
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DJ not collateral estoppel
Court rules that medical provider wasn't bound by prior declaratory judgment action where they weren't named, served, or in privity with the parties involved.
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Meritorious defense not needed
First Department ruling creates conflict over whether meritorious defense affidavits are required when seeking to vacate default judgments in New York courts.
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Portion of a deposition is enough
NY Court rules excerpts of deposition testimony sufficient for summary judgment motions, contrary to common belief that entire transcript required.
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Standing
McCormack v Maloney case analyzing standing requirements in foreclosure actions, including holder status and note assignment issues in New York courts.
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Gap in treatment and inconsistent findings
Analysis of Alverio v Martinez case highlighting how gaps in treatment and inconsistent medical findings can defeat serious injury claims under Insurance Law 5102(d).
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Summary judgment in comparative negligence case – Old First Department Standard now controls
First Department ruling establishes new standard for summary judgment in comparative negligence cases, eliminating plaintiff's burden to prove absence of own fault.
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