Discussion on defaults/appearances
Learn about defaults and appearances in New York civil procedure, including CPLR requirements for defendants to avoid default judgments in legal actions.
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July 2020 Articles
7 articles published in July 2020
Out of scope – the inquiry tightens
Roizman v Stromer case analysis: medical expert testimony requirements in NY courts, including foundation laying for opinions outside specialization areas.
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A declaration later became an affidavit
New York appellate court allows correction of defective declaration to proper affidavit form in summary judgment motion, demonstrating courts' flexibility with technical procedural defects.
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EUO no show again
Court ruling on EUO no-shows in NY no-fault insurance: Kemper v Cornerstone Chiropractic establishes precedent for coverage denials when claimants fail to appear.
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Injunction scored on the Yan Moshe, the biggest No-Fault Player out there
Yan Moshe faces GEICO lawsuit over fraudulent medical billing practices in New Jersey facilities and violations.
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A very interesting 5102(d) case
Court ruling clarifies burden of proof standards in no-fault insurance cases, addressing cervical spine claims and delayed shoulder injury reporting requirements.
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Conditional Order of preclusion substitutes for willfulness
New York court ruling clarifies that willfulness is not required for preclusion sanctions when parties violate conditional orders of preclusion in discovery disputes.
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