5102(d) and pain
Court ruling on serious injury threshold where defense expert's failure to address absence of pre-accident pain undermines degenerative condition defense in NY no-fault case.
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February 2022 Articles
7 articles published in February 2022
“I think Unitrin was wrongly decided”
Analysis of American Trust Ins. Co. v Acosta decision challenging Unitrin precedent on medical examination failures in New York no-fault insurance cases.
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A good third party vendor can prove mailing
Court ruling shows third party vendor TrackRight reports can establish proper mailing procedures for RPAPL 1304 compliance in foreclosure cases.
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Pa notice rule
Analysis of Pennsylvania notice-prejudice rule applied to NY no-fault cases, examining choice of law issues when out-of-state insurers provide coverage under New York's deemer statute.
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CPLR 3215(c) and 5015(a)
Attorney Jason Tenenbaum analyzes a procedural error in default judgment timing under CPLR 3215(c) and questions whether courts can overlook mandatory jurisdictional requirements.
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The reasonably convenient EUO
New York no-fault insurance case examining "reasonably convenient" EUO scheduling requirements and triable issues of fact in summary judgment motions.
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The (un)timely motion for summary judgment
Learn about timely motion deadlines in NY no-fault cases. Court ruling clarifies when summary judgment motions are considered served under CPLR rules.
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