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How not to sum up on a case

People v Casiano, 2017 NY Slip Op 02053 (2d Dept. 2017) “The defendant correctly asserts that the cumulative effect of the prosecutor’s improper comments during summation

March 25, 2017 No Comments

A day at the beach.

Starkman v City of Long Beach, 2017 NY Slip Op 02077 (2d Dept. 2017) This one is scary. You are sitting at a beach and you

March 25, 2017 No Comments

The Maslow specificity rule went up in a plume of smoke

Matter of Global Liberty Ins. Co. v Therapeutic Physical Therapy, P.C., 2017 NY Slip Op 01833 (1st Dept. 2017) “Respondent sought recovery for physical therapy services

March 16, 2017 8 Comments

The declaratory action was properly stated

High Definition MRI, P.C. v Liberty Mut. Holding Co., Inc., 2017 NY Slip Op 01799 (1st Dept. 2017) “Contrary to the motion court’s conclusion, the breach

March 16, 2017 No Comments

Severance granted – reality is not a rosy

High Definition MRI, P.C. v Mapfre Ins. Co. of N.Y., 2017 NY Slip Op 01800 (1st Dept. 2017) “The court properly severed the breach of contract

March 16, 2017 No Comments

The feigned verification response does not slice it – a break from the law as certain arbitrators construe it

St. Barnabas Hosp. v Government Employees Ins. Co., 2017 NY Slip Op 27056 (2d Dept. 2017) (1) “The Plaintiff’s position that the verification request was improper

March 13, 2017 2 Comments

Hourly attorneys fees (65-4.10[j][4])

Matter of GEICO Ins. Co. v AAAMG Leasing Corp., 2017 NY Slip Op 01552 (2d Dept. 2017) (1) “The petitioner opposed that demand for relief. In

March 13, 2017 1 Comment

No need for traverse hearing where there was no opposition

Wells Fargo Bank, N.A. v DeCesare, 2017 NY Slip Op 01592 (2d Dept. 2017) “The detailed and specific evidence submitted by DeCesare in support of her

March 13, 2017 No Comments

5102(d) litigation: Plaintiff’s own records non-suit him

Khanfour v Nayem, 2017 NY Slip Op 01637 (1st Dept. 2017) The prior medical conditions of Plaintiff’s looking to beat the threshold get it their way,

March 13, 2017 No Comments

Verification lack of response affirmed/Judge Ciaffa’s opinion prevails

Advantage Radiology, P.C. v Nationwide Mut. Ins. Co.. 2017 NY Slip Op 27061 (App. Term 2d Dept. 2017) “Plaintiff’s contention that, pursuant to 11 NYCRR 65-3.6

March 13, 2017 3 Comments

This time Country-Wide gets the Appellate Division to reverse AAA

Country-Wide Ins. Co. v Radiology of Westchester, P.C., 2017 NY Slip Op 01461 (1st Dept. 2017) “The master arbitrator’s award was arbitrary because it irrationally ignored

February 25, 2017 1 Comment

A true prima facie showing on summary judgment motion

Easy Care Acupuncture, P.C. v ELRAC, Inc., 2017 NY Slip Op 50234(U)(App. Term 1st Dept. 2017) (1) “Plaintiff-provider established prima facie that its no-fault claims in

February 25, 2017 1 Comment

Employee of Defendant is allowed to remain in court room

Perry v Kone, Inc., 2017 NY Slip Op 01395 “However, a new trial is required due to the Supreme Court’s error in excluding a witness from

February 23, 2017 No Comments

The expert

Kohler v Barker, 2017 NY Slip Op 01344 (2d Dept. 2017) “The admissibility and scope of expert testimony is a determination within the discretion of the

February 23, 2017 No Comments

Business records and copies

76-82 St. Marks, LLC v Gluck, 2017 NY Slip Op 01329 (2017) (1) “Moreover, the Supreme Court properly determined that the proffered copy of the

February 23, 2017 No Comments

3404 again

Turner v City of New York, 2017 NY Slip Op 01323 (1st Dept. 2017) “The motion court erred in dismissing the negligence action pursuant to CPLR

February 23, 2017 No Comments

Triable issues of fact on a medical malpractice case?

Severino v Weller, 2017 NY Slip Op 01325 (1st Dept. 2017) This is from the dissent which would have granted summary judgment to the doctor and

February 23, 2017 No Comments

Objective reasons?

Parisien v Metlife Auto & Home, 2017 NY Slip Op 50208(U)(App. Term 2d Dept, 2017) “Contrary to plaintiff’s contention, defendant was not required to set forth

February 20, 2017 1 Comment

Judicial Notice has it outter limits

Acupuncture Healthcare Plaza I, P.C. v Metlife Auto & Home, 2017 NY Slip Op 50207(U)(App. Term 2d Dept. 2017) I am unsure what was supposed to

February 20, 2017 1 Comment

Innocent third-party under PA law

Island Life Chiropractic, P.C. v Infinity Group, 2017 NY Slip Op 27040 (App. Term 2d Dept. 2017) I do not normally post about PA-NY choice of

February 20, 2017 No Comments

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