The Master Cheng
Court ruling clarifies that Supreme Court cannot vacate Civil Court judgments but can stay enforcement - key jurisdiction limits in NY declaratory actions.
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April 2020 Articles
7 articles published in April 2020
Election to arbitrate
New York no-fault insurance arbitration ruling: once a provider elects arbitration for accident claims, they cannot switch forums even against different carriers.
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Another Medical Necessity?
New York court finds conflicting medical opinions create triable issue on physical therapy necessity, despite provider's weak affidavit of merit in no-fault insurance case.
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The hourly attorney fee
Court rules hourly attorney fees only allowed for specifically enumerated NF-10 form policy issues in NY no-fault insurance cases, restricting fee recovery scope.
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Covid and the courts
COVID-19's impact on New York courts and the need for modernizing outdated 1970s court systems and procedures for current legal challenges.
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CPLR 308(5)
Court clarifies CPLR 308(5) service requirements when traditional methods fail, addressing impracticability standards and due diligence expectations for process servers.
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Waiting can cost you
NY appellate court upholds trial court's refusal to vacate note of issue when defendants waited too long to seek discovery, including tax returns and social media data.
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