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A very interesting 5102(d) case

Guzman v Cruz, 2020 NY Slip Op 03980 (1st Dept. 2020) “In opposition, plaintiff raised issues of fact as to his cervical spine claim through

July 20, 2020 No Comments

Conditional Order of preclusion substitutes for willfulness

Center Sheet Metal v Cannon Design, Inc., 2020 NY Slip Op 04010 (1st Dept. 2020) “Plaintiffs violated the court’s third conditional order of preclusion by

July 20, 2020 No Comments

Motion for leave to enter a default insufficient

Freedom Chiropractic, P.C. v 21st Century Ins. Co., 2020 NY Slip Op 50686(U)(App. Term 2d Dept. 2020) “As plaintiff acknowledges on appeal, defendant argued that

June 30, 2020 No Comments

Not attending an EUO at your own peril

Accelerated Med. Supply, Inc. v Ameriprise Ins. Co., 2020 NY Slip Op 50741(U)(App. Term 2d Dept. 2020) In an order dated April 12, 2017, the

June 30, 2020 No Comments

Pa retroactive rescission

Monroe v Omni Indem. Co., 2020 NY Slip Op 50731(U)(App. Term 2d Dept. 2020) “Contrary to plaintiff’s contention, the affidavit of defendant’s litigation representative was

June 30, 2020 No Comments

Lower Courts are still paper courts?

I read a message that District Courts and Civil Courts (to the extent they are “open”) are accepting new paper filed cases. Now, in the

June 8, 2020 2 Comments

Opening Courts with an e-filing system in place? Nope.

The daily news stated something interesting yesterday and I will quote it: “For the courts, the silver lining to the pandemic may be that it

May 26, 2020 No Comments

EUO Declaratory Judgment

Nationwide Affinity Ins. Co. of Am. v George, 2020 NY Slip Op 02801 (2d Dept. 2020) I think you have to read the docket here

May 14, 2020 No Comments

Comparative Negligence not found

Silverio v Ford Motor Co., 2020 NY Slip Op 02892 (1st Dept. 2020) “The Court also stated that plaintiff did not need to prove that

May 14, 2020 No Comments

Damages – expert witness not necessary

Zapata v Yugo J & V, LLC, 2020 NY Slip Op 02687 (3d Dept. 2020) “Turning to the issue of damages, we reject Yugo’s contention

May 12, 2020 No Comments

Standing (Stacey Kapeleris)

Allstate Ins. Co. v Kapeleris, 2020 NY Slip Op 02645 (2d Dept. 2020) The Defendant, Stacey Kapeleris is one of the nicest people you could

May 9, 2020 2 Comments

No need to file cancellation with DMV?

Matter of Global Liberty Ins. Co. v Ho Suk Shin, 2020 NY Slip Op 02469 (2d Dept. 2020) The insured removed his vehicle from the

May 9, 2020 No Comments

Res judicata – privity

East Hampton Capital LLC v Fergusson, 2020 NY Slip Op 02718 (1st Dept. 2020) “This action is barred by res judicata in view of the

May 7, 2020 No Comments

The Master Cheng

“Reliance by the Civil Court and defendant upon the part of the Supreme Court’s amended declaratory judgment stating that all judgments in any actions involving

April 27, 2020 No Comments

Election to arbitrate

Ellen Sue Ginsberg, D.O., P.C. v New York City Tr. Auth., 2020 NY Slip Op 50431(U)(App. Term 2d Dept. 2020) Once you make an election

April 27, 2020 No Comments

Another Medical Necessity?

DRD Med., PC v Global Liberty Ins. Co. of N.Y, 2020 NY Slip Op 50385(U)(App. Term 1st Dept. 2020) “We agree with Civil Court that

April 27, 2020 No Comments

The hourly attorney fee

Kamara Supplies v GEICO Gen. Ins. Co., 2020 NY Slip Op 50414(U)(App. Term 1st Dept. 2000) The holding is simple. If the “policy issue” is

April 27, 2020 No Comments

Covid and the courts

I received an email from someone about my sporadic posts on here and asking if I am alright. To answer, yes, I am alright. I

April 27, 2020 No Comments

CPLR 308(5)

Fontanez v PV Holding Corp., 2020 NY Slip Op 02173 (1st Dept. 2020) This one is interesting as I encounter these 308(5) cases and I

April 3, 2020 No Comments

Waiting can cost you

Aikanat v Spruce Assoc., L.P., 2020 NY Slip Op 02188 (1st Dept. 2020) “The court providently exercised its discretion in declining to vacate the note

April 3, 2020 No Comments

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