2309 again – nothing different today
New York's First Department continues its inconsistent approach to CPLR 2309 certificate of conformity requirements, allowing technical defects to be corrected nunc pro tunc.
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31 articles by Jason Tenenbaum, Esq.
2309 issue
New York's First Department rules that lack of CPLR 2309 certificate of conformity for out-of-state affidavits is not fatal and can be corrected later.
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Another arbitrator and master arbitrator get shamed for not following the law
Court vacates master arbitration award for failing to consider IME report despite electronic signature, highlighting CPLR 2106 flexibility in no-fault cases.
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PL 210.45 verification is a sufficient affidavit
Court accepts Penal Law § 210.45 verified statements as sufficient affidavits to raise factual issues, highlighting New York's antiquated approach to sworn statements.
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Judicial notice v. CPLR 4518(c)
Court clarifies distinction between judicial notice and CPLR 4518(c) for DOS records, finding uncertified printouts inadmissible despite government website sources.
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2106 and a prima facie comment
Court ruling on CPLR 2106 affirmations and prima facie requirements for no-fault insurance claims, including chiropractor limitations and 30-day payment rules.
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Familiar theme on experts and 2106
Expert witness qualifications and CPLR 2106 objection requirements in NY medical malpractice cases - Lopez v Gramuglia analysis of cross-specialty testimony standards.
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Certificate of conformity waived
Court rules on certificate of conformity requirements for affidavits in default judgment motions, finding waiver of CPLR 2309(a) defects is permissible.
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Death knell to 2309(c)
Court of Appeals case on CPLR 2309(c) compliance for out-of-state affidavits in New York no-fault insurance litigation, establishing proper notarization standards.
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2309(c) – dead for now (maybe?) and the out of state insurer issue
Analysis of CPLR 2309(c) certificate of conformity requirements for out-of-state affidavits in New York no-fault insurance litigation and recent court decisions.
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The vague and conclusory denial again
Court ruling on no-fault insurance denial defects: minor errors in claim amounts don't invalidate NF-10 denials, peer review reports not required at time of denial.
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2309(c) defect waived (again)
Court rules that missing authentication certificates for out-of-state notarized affidavits under CPLR 2309(c) is not a fatal defect when waived by opposing party.
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Failure to comply with 2106 is somewhat excusable
Court allows Florida expert's affirmation despite CPLR 2106 non-compliance, highlighting differences in out-of-state practitioner requirements versus in-state licensing restrictions.
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Understanding CPLR 2106 Expert Report Requirements: Critical Analysis for Long Island Attorneys
Critical analysis of CPLR 2106 expert report authentication requirements in NY litigation. Expert legal guidance for Long Island attorneys. Call (516) 750-0595.
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Certificate of acknowledgment can possibly(?) be cured nunc-pro-tunc
NY appellate court rules certificate of acknowledgment defects in prenuptial agreements may be cured nunc pro tunc with proper evidence of contemporaneous execution.
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May 2309(c) finally rest in peace.
New York's Second Department clarifies that missing CPLR 2309(c) certificates of conformity for out-of-state affidavits are not fatal defects in litigation.
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So the newest 2309(c) case now holds that this statute is irrelevent
Second Department rules that CPLR 2309(c) notarization defects are not fatal when corrective certification can be provided nunc pro tunc under CPLR 2001.
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Improper Use of an Affirmation Cost Plaintiff Its Case: Understanding CPLR 2106 Requirements in New York
New York CPLR 2106 affirmation requirements in personal injury cases. Learn how improper affirmations can cost plaintiffs their cases and technical compliance rules.
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More plaintiffs fail to rebut an insurance carrier’s medical utilization report
Three recent no-fault insurance cases demonstrate how plaintiffs consistently fail to provide adequate medical expert testimony to rebut insurance carriers' utilization reports.
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The fifth time 2106 was invoked
Attorney Jason Tenenbaum discusses his fifth successful challenge using CPLR 2106, preventing improper affirmations by corporate principals in litigation.
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The trap called 2106
Learn about CPLR 2106 affirmation requirements in New York no-fault insurance cases and why affidavits are safer than affirmations for medical providers.
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The First Department's newest inconsistent position on 2309
New York's First Department demonstrates inconsistent application of CPLR 2309 certificate requirements for foreign affidavits, creating unpredictable outcomes for practitioners.
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And this is why computerized range of motion testing is medically necessary – yet, not admissible.
New York courts require computerized range of motion tests to be properly affirmed by someone with personal knowledge to be admissible evidence in serious injury cases.
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The CPLR 2106 Trap: Why Medical Practice Owners Must Avoid This Critical Procedural Error
Avoid the CPLR 2106 trap that destroys medical practice no-fault claims. Long Island & NYC legal defense against procedural errors. Call 516-750-0595.
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CPLR 2309 Compliance: Navigating Notarization Requirements in New York Litigation
Navigate CPLR 2309 notarization requirements in NY litigation. Expert analysis of jurisdictional splits and compliance strategies. Free consultation - Call 516-750-0595.
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CPLR 2309 Requirements: Understanding Affidavit Attestation Rules from the Appellate Division, Second Department
Learn about CPLR 2309 affidavit attestation requirements and when technical violations may be excused under CPLR 2001. Expert analysis from the Appellate Division Second Department.
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CPLR 2309 and the ability to submit new evidence in a reply
CPLR 2309 certificate of conformity requirements for out-of-state affidavits in New York civil litigation, including recent case law and practical implications.
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The Failure to Place Evidence in Proper Form Cannot Be Cured in a Supplemental Opposition
Learn why New York courts reject improperly formatted medical evidence and how supplemental opposition papers cannot cure procedural defects in personal injury cases.
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Renewal Under Certain Circumstances May Be Granted to Correct an Improper Affirmation: A Comprehensive Guide to CPLR 2106 Requirements
Learn how CPLR 2106 affirmation defects can be corrected through renewal motions in NY litigation. Expert guide for Long Island attorneys on procedural requirements and remedies.
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2106 again…
Understanding the three types of appeals in New York personal injury practice. Strategic appellate guidance from experienced Long Island attorney Jason Tenenbaum.
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NY Medical Necessity Challenges: Continental Medical Case Analysis
Analyzing NY no-fault medical necessity challenges from Continental Medical v. Mercury Casualty case, examining CPLR 2106 affirmation defects and IME report requirements.
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