2309 again – nothing different today
October 10, 2017 4 Comments
Donsimoni v Fall, 2017 NY Slip Op 07092 (1st Dept. 2017) “The fact that plaintiff’s lone affidavit of merit in opposition to defendant’s summary judgment was acknowledged
Donsimoni v Fall, 2017 NY Slip Op 07092 (1st Dept. 2017) “The fact that plaintiff’s lone affidavit of merit in opposition to defendant’s summary judgment was acknowledged
American Cas. Co. of Reading, Pa. v Motivated Sec. Servs., Inc., 2017 NY Slip Op 01970 (1st Dept. 2017) “The motion court properly considered the out-of-state affidavit
Global Liberty Ins. Co. v. Logic Chiropractic, P.C., (Sup. Bronx Co. 2016) Index #: 23560/2016E I will say this again: Norman Dach’s passing was a bad
Gonzalez v Ayala, 2016 NY Slip Op 05626 (2d Dept. 2016) “In support of their motion, the defendants submitted, inter alia, an affidavit from the defendant driver,
Throgs Neck Multicare, P.C. v Mercury Cas. Co., 2016 NY Slip Op 51081(U)(App. Term 2d Dept, 2016) Throgs Neck Multicare, P.C. v Mercury Cas. Co., 2016 NY Slip
Pugsley Chiropractic PLLC v Merchants Preferred Ins. Co., 2016 NY Slip Op 50167(U)(App. Term 1st Dept. 2016) (1) “The report erroneously identified Dr. Perrie as a licensed
Lopez v Gramuglia, 2015 NY Slip Op 08068 (1st Dept. 2015) Familiar lesson here. An expert can generally opine about all areas of medicine. The other lesson
Todd v Green, 2014 NY Slip Op 08004 (2d Dept. 2014) Law Office of Jason Tenenbaum, P.C, Garden City, N.Y., for appellant. (shameless self promotion) “The Supreme
Midfirst Bank v Agho, 2014 NY Slip Op 05778 (2d Dept. 2014) “Our Court is observing a significant upswing in the number of appeals where the parties
At first, the Appellate Term said it was a fatal defect. Then, they said it was a waivable defect. After that it was held to be
Wyckoff Hgts. Med. Ctr. v Government Empls. Ins. Co., 2014 NY Slip Op 01166 (2d Dept. 2014) “However, in opposition, the defendant raised a triable issue of
Gonzalez v Perkan Concrete Corp., 2013 NY Slip Op 06835 (2d Dept. 2013) “Finally, although the affidavits of the defendants’ expert, which were notarized outside of New
Loucks v Klimek, 2013 NY Slip Op 05110 (4th Dept. 2013) “Finally, we conclude that the court properly determined that plaintiff substantially complied with the requirement
Quality Psychological Servs., P.C. v New York Cent. Mut. Fire Ins. Co., 2013 NY Slip Op 50063(U)(App. Term 2d Dept. 2013) “Defendant also submitted a peer review
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 acknowledgment
Fredette v Town of Southampton, 2012 NY Slip Op 03595 (2d Dept. 2012) “it improvidently exercised its discretion in excluding from consideration the affidavits of Ken
U.S. Bank Natl. Assn. v Dellarmo, 2012 NY Slip Op 02481 (2d Dept. 2012) “The plaintiff’s failure to comply with CPLR 2309(c) in submitting various documents,
Radiology Today, P.C. v Mercury Ins. Co., 2012 NY Slip Op 50148(U)(App. Term 2d Dept. 2012) “In opposition to the motion, plaintiff submitted a doctor’s affirmation
Richmond Pain Mgt., P.C. v Clarendon Natl. Ins. Co., 2010 NY Slip Op 52015(U)(App. Term 2d Dept. 2010) (my case) Radiology Today, P.C. v Mercury Ins.
Crotona Hgts. Med., P.C. v Mercury Ins. Co., 2010 NY Slip Op 52019(U)(App. Term 2d Dept. 2010) “In opposition to the motion, plaintiff submitted an affirmation
