Who is the attorney?
Civil Kings court case on attorney representation requirements and default judgment appeals in no-fault insurance litigation.
Read More →Affidavits
19 articles by Jason Tenenbaum, Esq.
Understanding Affidavit and Translation Requirements in NY Employment Law Cases
Learn about affidavit and translation requirements in NY employment cases. Watabe decision clarifies when translator affidavits are needed. Call 516-750-0595.
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Electronic signatutres
New York courts have evolved to accept electronic signatures on physician reports, overturning earlier restrictive precedents in personal injury litigation.
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A second affidavit to clarify is allowed
Court ruling clarifies when second affidavits are permissible in legal proceedings, allowing clarification that amplifies but doesn't contradict original testimony.
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Substantive fee schedule discussion/Procedural analysis
Analysis of Gentle Acupuncture v Tri-State Consumer Insurance case examining fee schedule defenses and affidavit requirements in New York no-fault claims.
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Mailing affidavit is wrong
Court rejects medical supplier's affidavit claiming claim form was mailed before it was even created, highlighting the importance of accuracy in legal documentation.
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Putting the cart before the horse?
Court rejects insurance defense motion due to improper notarization where notary signature preceded the affiant's signature, highlighting critical procedural requirements.
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An interesting credit card case
This NY appellate case shows credit card companies must prove breach of contract and account holder assent, creating potential defenses for cardholders facing collection lawsuits.
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Later conflicting statements are “feigned” issues of fact
New York courts reject contradictory statements made to defeat summary judgment, treating later conflicting versions as "feigned issues of fact" rather than genuine disputes.
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Defective notarization
New York court ruling clarifies that while CPLR 2309 certificate defects aren't fatal, improper notarization requiring personal appearance still invalidates affidavits.
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Notorial acts.
Court ruling clarifies that affidavits can be notarized on different dates than when drafted, providing flexibility in legal document preparation and execution.
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Electronic signatures unconditionally accepted
New York First Department rules electronic signatures have same validity as handwritten signatures under State Technology Law § 304(2) for legal affidavits and court documents.
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Mr. Five Boro finally squeaks one out
Five Boro Psychological Services defeats GEICO on procedural grounds when peer review reports lacked proper CPLR 2106 affidavit requirements in NY no-fault case.
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Peer hearsay and electronic signatures
Appellate court rules on peer review requirements and electronic signature validity in no-fault insurance disputes, clarifying evidence standards for medical necessity challenges.
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A signature placed at the direction of the signor
Court ruling clarifies that electronic signatures placed at the direction of the signor are legally valid, even when appearing as facsimile stamps on peer review reports.
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Proof in opposition was insufficient to show a forgery
Learn the legal standards for proving document forgery in New York courts. Expert analysis of JPMorgan Chase Bank v. Bauer case and evidentiary requirements.
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When Insurance Defense Goes Wrong: Progressive’s Procedural Failures in Peer Review
Progressive's peer review defense fails due to improper affidavit procedures in NY no-fault case, showing how procedural errors can defeat strong defenses.
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An affidavit really is not an affidavit
Court ruling highlights critical affidavit requirements and waiver rules for objections to defective affidavits in New York litigation practice.
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The minimum that an affidavit must contain
Learn the minimum requirements for a valid affidavit in New York courts, including essential language and notarization standards from recent case law.
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