Improvident to examine papers
Court rules that vague "law office failure" excuse doesn't justify late opposition papers, but defendants still failed to prove their summary judgment case.
Read More →Adjournments
10 articles by Jason Tenenbaum, Esq.
Who is the attorney?
Civil Kings court case on attorney representation requirements and default judgment appeals in no-fault insurance litigation.
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Did you go to the funeral?
Court reverses default judgment after plaintiff couldn't prove witness attended funeral to get trial adjournment, remanding for hearing on proof requirement.
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New trial ordered due to physician unavailability
New trial ordered when treating physician expert arrived without required original medical file and was unavailable for rescheduled testimony dates.
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The Civil King adjournment stipulation is not sacrosanct
Court ruling affirms discretion to consider late opposition papers in insurance cases when no prejudice exists, challenging rigid adherence to Civil King stipulations.
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The doctor is not available on Monday/s, can I have another day please?
Court reverses trial judgment after defendant's expert unavailability on Mondays wasn't accommodated, highlighting importance of scheduling flexibility in litigation.
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Discretion was not abused
Court upholds denial of trial adjournment request where defense failed to show due diligence in securing expert witnesses despite 6-week notice period.
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Adjournments not granted as a matter of course
New York courts have discretion to deny adjournments when attorneys lack due diligence. Learn about court adjournment standards and legal requirements.
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Motion Return Date Adjournments in New York Courts – Expert Legal Guidance
Learn when New York courts will grant motion adjournments and the consequences of appearing unprepared. Expert legal guidance for Nassau & Suffolk County cases.
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Understanding Foundation Requirements in Medical Malpractice Expert Testimony
New York medical malpractice expert testimony foundation requirements. Learn critical standards for expert witness preparation in Nassau and Suffolk County cases.
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