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Mr. Five Boro finally squeaks one out

Five Boro Psychological Servs., P.C. v GEICO Gen. Ins. Co., 2012 NY Slip Op 51057(U)(App. Term 2d Dept. 2012) He is a rambunctious soul. They

June 18, 2012 1 Comment

The United States Postal Service at the Appellate Term (again?)

Vista Surgical Supplies, Inc. v Clarendon Natl. Ins. Co., 2012 NY Slip Op 51056(U)(App. Term 2d Dept. 2012) Prima facie case of mailing not satisfied.

June 18, 2012 1 Comment

There is something in that Rochester water.

Monette v Trummer, 2012 NY Slip Op 04854 (4th Dept. 2012) Does this mean the interest clock does start ticking on an MSJ victory unless

June 18, 2012 No Comments

Lawyer who tried to do his job but failed? Fine: $10,000

Aloi v. Ellis, 2012 NY Slip Op 04864 (4th Dept. 2012) More craziness from the Court that is headquartered in Rochester. Well, perhaps some sanity.

June 18, 2012 No Comments

Certificate of acknowledgment can possibly(?) be cured nunc-pro-tunc

Galetta v Galetta, 2012 NY Slip Op 04865 (4th Dept. 2012) We here about the now dead(?) certificate of conformity. How about the certificate of

June 18, 2012 No Comments

Oral application granted (untimely papers accepted) and the deeming acceptable of an affirmation of a physician in a different specialty

Payne v Buffalo Gen. Hosp., 2012 NY Slip Op 04901 (4th Dept. 2012) [Oral application granted and untimely papers deemed accepted] “With respect to appeal

June 18, 2012 No Comments

49.5 hours of interrogation – Fourth Department deems this acceptable

People v Guilford, 2012 NY Slip Op 04475 (4th Dept. 2012) Syracuse is known for a lot of things. A nice downtown, a very affordable

June 12, 2012 7 Comments

Proof of exacerbation insufficient in 5102(d) case to defeat summary judgment motion

Tyson v Nazarian, 2012 NY Slip Op 04459 (4th Dept. 2012) I think a case like this probably explains on some level the 1% rule

June 12, 2012 2 Comments

Mr. Five Boro – the distant cousin of Mr. All Boro – has reappeared

Five Boro Psychological Servs., P.C. v GEICO Gen. Ins. Co., 2012 NY Slip Op 51013(U)(App. Term 2d Dept. 2012) “In this action by a provider

June 8, 2012 3 Comments

Staged accident and non-payments of premiums

21st Century Advantage Ins. Co. v Cabral Look, 21st Century did their homework. Someone admitted to defrauding the insurance companies. Yet, Mr. All Boro, a

June 8, 2012 1 Comment

Another liability appeal…

Francavilla v Doyno, 2012 NY Slip Op 04316 (2d Dept. 2012) Thomas v Independence Carting, Inc., 2012 NY Slip Op 03630 (2d Dept. 2012) Cascante

June 6, 2012 1 Comment

Judge Levine gets stringsighted by the Second Department

Westchester Med. Ctr. v Hereford Ins. Co., 2012 NY Slip Op 04156 (2d Dept. 2012) I found this case interesting, not for the proposition of

June 5, 2012 No Comments

The failure to serve a notice of entry allows a 7 year old case to be adjudicated on appeal

Gramercy Park Residence Corp. v Ellman, 2012 NY Slip Op 04289 (1st Dept. 2012) “The appeal from the November 2005 judgment is not untimely due

June 5, 2012 No Comments

How do you overcome the presumption of mailing?

The Appellate Term has given us a little more guidance since Pomona v. Travelers came out last year. However, Comprehensive Neurological did not meet the

May 30, 2012 28 Comments

A primer on Florida Law

W.H.O. Acupuncture, P.C. v Infinity Prop. & Cas. Co., 2012 NY Slip Op 22142 (App. Term 2d Dept. 2012) It was interesting to see a

May 29, 2012 No Comments

Causation speculative – failure to rebut doctor

Boone v. Milano— N.Y.S.2d —-, 2012 WL 2137382 (3d Dept.,2012) “However, Rosa failed to account for why plaintiff’s preexisting physical maladies were not the source

May 26, 2012 No Comments

Causation speculative

Cirillo v Swan, 95 A.D.3d 1401 (3d Dept. 2012) “Ramaswami, plaintiff’s family physician, noted that MRIs of her spine revealed disc bulges and possible herniations,

May 26, 2012 No Comments

10-month initial gap renders causality speculative

Smith v. Reeves, 2012 N.Y. Slip Op. 04856 (4th Dept. 2012) “Defendants contend that the fact that plaintiff did not seek or receive any medical

May 26, 2012 No Comments

Peer hearsay and electronic signatures

Alfa Med. Supplies v GEICO Gen. Ins. Co., 2012 NY Slip Op 50934(U)(App. Term 2d Dept. 2012) Contrary to plaintiff’s argument on appeal, defendant was

May 25, 2012 No Comments

Supreme Court venue

Valley Psychological, P.C. v Government Employees Ins. Co., 2012 NY Slip Op 03921 (3d Dept. 2012) “Initially, we note that there is no dispute that

May 24, 2012 No Comments

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