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Pleadings not required on a motion for summary judgment

Wade v Knight Transp., Inc., 2017 NY Slip Op 05262 (2d Dept. 2017) “Notwithstanding that CPLR 3212(b) requires that motions for summary judgment be supported by

June 29, 2017 1 Comment

Pre-answer motion does not circumvent right to effectuate a 3217 discontinuance

Harris v Ward Greenberg Heller & Reidy LLP, 2017 NY Slip Op 04970 (4th Dept. 2017) “We conclude that the notices of discontinuance were not untimely

June 17, 2017 No Comments

Minor impact and expert report sufficient to prove lack of causation

Frank v Gengler, 2017 NY Slip Op 04423 (2d Dept. 2017) “Here, the Supreme Court erred in determining that the jury verdict in favor of

June 10, 2017 2 Comments

Special Referee cannot determine BP issues

Flores v New York City Hous. Auth., “Since a bill of particulars is not a disclosure device but a means of amplifying a pleading (see

June 10, 2017 No Comments

Failure to file the affidavit of service not jurisdictional

Buist v Bromley Co., LLC, 2017 NY Slip Op 04417 (2d Dept. 2017) ” The failure to file proof of service is a procedural irregularity, not

June 10, 2017 No Comments

The plight of Chimps

Matter of Nonhuman Rights Project, Inc. v Lavery, 2017 NY Slip Op 04574 (1st Dept. 2017) (1) “The gravamen of petitioner’s argument that chimpanzees are

June 10, 2017 No Comments

IME no show trial defense – reversed

Progressive Orthopedics, PLLC v Hertz Corp., 2017 NY Slip Op 27193 (App. Term 2d Dept. 2017) (1) “The Civil Court did not allow defendant to present

June 10, 2017 No Comments

Policy Exhaustion (again) must comport with the priority of payment regimen

Ortho Passive Motion, Inc. v Allstate Ins. Co., 2017 NY Slip Op 50771(U)(App. Term 2d Dept. 2017) (1) “Following a nonjury trial in this action by

June 10, 2017 No Comments

Wrong subdivision in traffic ticket still actionable

People v Husain (Shanzeb), 2017 NY Slip Op 27195 (App. Term 2d Dept. 2017) “It has been held that where an information charges a violation of

June 10, 2017 No Comments

Party does not have a basis to use CPLR 321(c) as a sword against now unrepresented party

Lion Button Co. v Jachs NY, LLC, 2017 NY Slip Op 50773(U)(App. Term 2d Dept. 2017) (1) ” Under the terms of the stipulation, defendant agreed

June 10, 2017 No Comments

Substantive fee schedule discussion/Procedural analysis

Gentle Acupuncture, P.C. v Tri-State Consumer Ins. Co., 2017 NY Slip Op 50706(U)(App. Term 2d Dept. 2017) (1) “With respect to the branch of defendant’s motion

June 10, 2017 No Comments

2 consecutive error disallow default vacatur

Here, defendant proffered an affidavit by its [*2]claims examiner, who merely stated that he was supposed to forward the summons and complaint to defense

June 10, 2017 No Comments

Extraordinary fee

A.B. Med. Servs., PLLC v Motor Veh. Acc. Indem. Corp., 2017 NY Slip Op 50676(U)(App. Term 2d Dept. 2017) (1) “Assuming without deciding that 11 NYCRR

June 10, 2017 No Comments

Default reinstated on utter technicality

K.O. Med., P.C. v Avis Budget Group, 2017 NY Slip Op 50687(U)(App. Term 2d Dept. 2017) (1) “On September 11, 2014, defendant served an answer, which

June 10, 2017 No Comments

Court addresses lack of meritorious defense and fails to evaluate reasonable excuse

Hu-Nam-Nam v Allstate Ins. Co., 2017 NY Slip Op 50685(U)(App. Term 2d Dept. 2017) “Defendant moved by order to show cause in the Civil Court to

June 10, 2017 No Comments

IME no-show/ failure to object during claims stage is fatal to later objection

Parisien v Citiwide Auto Leasing, 2017 NY Slip Op 50684(U)(App. Term 2d Dept. 2017) “As limited by its brief, defendant appeals from so much of an

June 10, 2017 2 Comments

Malella and Attorneys fees

Country-Wide Ins. Co. v Valdan Acupuncture, P.C., 2017 NY Slip Op 04068 (1st Dept. 2017) (1) Assuming without deciding that an insurer’s defense of fraudulent incorporation cannot

May 25, 2017 2 Comments

Business records again

Cadlerock Joint Venture, L.P. v Trombley, 2017 NY Slip Op 03927 (2d Dept. 2017) “Contrary to the Supreme Court’s determination, the plaintiff failed to demonstrate the

May 19, 2017 No Comments

Hello Mrs. Collins

State Farm Mut. Auto. Ins. Co. v RLC Med., P.C., 2017 NY Slip Op 03979 (2d Dept. 2017) (1) “The plaintiff insurance company commenced this action

May 19, 2017 No Comments

Notice of Entry

Wells Fargo Bank, N.A. v Frierson, 2017 NY Slip Op 03984 (2d Dept. 2017) “”[I]t is axiomatic that before an order may be enforced, notice of

May 19, 2017 1 Comment

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