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Guideposts to vacate a trial default

SZ Med., P.C. v Allstate Ins. Co., 2018 NY Slip Op 50497(U)(App. Term 2d Dept. 2018) “Plaintiff has not demonstrated that the Civil Court’s denial of

April 14, 2018 No Comments

DJ not collateral estoppel

Active Care Med. Supply Corp. v Amica Mut. Ins. Co., 2018 NY Slip Op 50500(U)(App. Term 2d Dept. 2018) The man who wrote the book glossed

April 14, 2018 No Comments

Meritorious defense not needed

Naber Elec. v Triton Structural Concrete, Inc., 2018 NY Slip Op 02562 (1st Dept. 2018) “Although the affidavit of merit provided by defendants’ executive lacked any

April 14, 2018 No Comments

Portion of a deposition is enough

Pankratov v 2935 OP, LLC, 2018 NY Slip Op 02479 (2d Dept. 2018) “In support of its motion, the defendant submitted excerpts of the plaintiff’s deposition

April 11, 2018 1 Comment

Standing

McCormack v Maloney, 2018 NY Slip Op 02385 (3d Dept. 2018) This is a commercial paper case, but I blog about standing because it is an

April 9, 2018 No Comments

Gap in treatment and inconsistent findings

Alverio v Martinez, 2018 NY Slip Op 02417 (1st Dept. 2018) In addition, defendants submitted medical reports of plaintiff’s treating physician, who found normal range of

April 9, 2018 No Comments

Summary judgment in comparative negligence case – Old First Department Standard now controls

Rodriguez v City of New York, 2018 NY Slip Op 02287 (2018) (1) “The motion for summary judgment must also “show that there is no defense to

April 9, 2018 No Comments

Not necessarily inconsistent

Nationstar Mtge. LLC v Accardo, 2018 NY Slip Op 02276 (1st Dept. 2018) Oh let us say you put the wrong denial date in your motion

March 30, 2018 No Comments

What is this about?

Matter of Allstate Ins. Co. v Travelers Cos., Inc., 2018 NY Slip Op 02163 (1st Dept. 2018) “Here, the arbitrators’ determination that Travelers was entitled to

March 29, 2018 No Comments

CPLR 3212(g) struck

TAM Med. Supply Corp. v Travelers Ins. Co., 2018 NY Slip Op 50315(U)(App. Term 2d Dept. 2018) Sometimes, these orders are written in such a way

March 29, 2018 2 Comments

Feigned issue of fact coupled with cessation of treatment

Alston v Elliott, 2018 NY Slip Op 02019 (1st Dept. 2018) The feigned issue of fact (1) “In opposition, plaintiffs submitted affidavits that contradicted their sworn

March 29, 2018 No Comments

Establishment of lost wages

Martinez v Metropolitan Transp. Auth., 2018 NY Slip Op 02028 (1st Dept. 2008) “Plaintiff failed to establish her past lost earnings with reasonable certainty since her

March 29, 2018 No Comments

Causation properly went to the jury

Cooper v Nestoros, 2018 NY Slip Op 01716 (4th Dept. 2018) “Plaintiff’s chiropractor testified that, based on that history, he did not believe that plaintiff had

March 17, 2018 No Comments

Cart before the horse

Wegner v Town of Cheektowaga, 2018 NY Slip Op 01711 (4th Dept. 2018) I read this order from Supreme Court, New York County involving an argument

March 17, 2018 No Comments

Deposition of treating physician under NY rules

Matter of 91 St. Crane Collapse Litig, 2018 NY Slip Op 01651 (1st Dept. 2018) “In any event, the court providently exercised its discretion in denying

March 16, 2018 No Comments

“trauma increase the rate of disc dessication”

Giap v Hathi Son Pham, 2018 NY Slip Op 01568 (1st Dept. 2017) Since plaintiff’s own medical records showed evidence of preexisting degenerative conditions, she was

March 14, 2018 No Comments

Cessation of treatment/Pre-existing injuries/Commentary

CASE #1 Latus v Ishtarq, 2018 NY Slip Op 01417 (1st Dept. 2018) (1) “Plaintiff’s medical records demonstrated prima facie that plaintiff ceased treatment five months

March 7, 2018 No Comments

“Detailed and Credible” Explanation for the default

Premier Surgical Servs., P.C. v Allstate Ins. Co., 2018 NY Slip Op 50273(U)(App. Term 2d Dept. 2018) “[a] court, in its discretion, may accept a claim

March 7, 2018 No Comments

Workers Compensation defense substantitated

Chiropractic Testing Servs. of N.Y., P.C. v American Tr. Ins. Co., 2018 NY Slip Op 28052 (Civ. Ct. Richmond Co. 2018) “This case is distinguishable from Global

February 27, 2018 No Comments

IME no-show not sustained

Thomas J. Tesi, M.S., D.C., P.C. v Hereford Ins. Co., 2018 NY Slip Op 50252(U)(App. Term 2d Dept. 2018) “However, contrary to defendant’s further argument, defendant

February 27, 2018 No Comments

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