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Seda v Epstein, 2010 NY Slip Op 02850 (1st Dept. 2010) “There is no evidence that defendants’ removal of the debris was willful; indeed, the preliminary

An interesting discovery case involving the right to obtain alcohol treatment records

March 24, 2010 No Comments

Once a month, the Fourth Department usually barrages us with about 100 or so decisions. The hard part is sifting through them quickly enough and finding

Appellate Term holds CPLR 3212(f) relief is inappropriate under three separate circumstances

February 25, 2010 8 Comments

Bath Med. Supply, Inc. v Allstate Indem. Co., 2010 NY Slip Op 20059 (App. Term 2d Dept. 2010) First, the Appellate Term, Second Department, appears to

The fifth discovery default will cause your answer to be stricken

February 16, 2010 No Comments

Rodriguez v United Bronx Parents, Inc., 2010 NY Slip Op 01366 (1st Dept. 2010): “Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered August 26,

The improper filing of a Note of Issue in Central New York will cost you more than the $30 or $125 you paid to file that Note of Issue

February 16, 2010 No Comments

Ikeda v Tedesco, 2010 NY Slip Op 01283 (4th Dept. 2010) “We reject plaintiff’s contention that, pursuant to CPLR 3402, a party may file a note

Note to attorney: resist the urge to object if your client is being deposed as a non-party at a deposition

February 16, 2010 No Comments

I am going to copy and paste what I think is the pertinent portion of the decision in Thompson v Mather, 2010 NY Slip Op 01239

Compelled to give blood

January 7, 2010 No Comments

We see here an interesting case where a defendant is forced to undergo a somewhat invasive test. The Court was steadfast in its holding in Welter

The failure of an assignor to appear for an EBT is not a basis for a 3126 sanction against the assignee

December 20, 2009 No Comments

Mia Acupuncture, P.C. v Mercury Ins. Co., 2009 NY Slip Op 29509 (App. Term 2d Dept. 2009) In this case and the other joined cases, the

The Appellate Division has given guidance as to certain portions of the EBT venue provisions

December 12, 2009 No Comments

The Appellate Division examined the provision of the CPLR deposition venue statute as it applies to parties who would be significantly inconvenienced in coming to a

Laches may prove fatal to opposing a summary judgment motion based upon CPLR 3212 (f)

October 30, 2009 No Comments

Stoian v. Reed, 2009 NY Slip Op 07713 (3d Dept. 2009) “We also reject plaintiffs’ assertion that Supreme Court abused its discretion in failing to grant

An angry Appellate Division strikes a complaint based upon discovery violations

June 14, 2009 No Comments

Northfield Ins. Co. v Model Towing & Recovery 2009 NY Slip Op 04878 (2d Dept 2009). While this case represents nothing unique, the path the Appellate

EBT's in no fault practice – "laches does not apply"

June 4, 2009 No Comments

Queens Chiropractic Mgt., P.C. v Country Wide Ins. Co. 2009 NY Slip Op 51073(U)(App. Term 2d Dept. 2009). In yet another defeat to the Plaintiff’s bar

A plain disaster

May 29, 2009 No Comments

A.M. Med. Servs., P.C. v GEICO Ins. Co. 2009 NY Slip Op 51029(U)(App. Term 2d Dept. 2009) Simply put, you have to read this case. It

Some newer cases

November 16, 2008 No Comments

It has been a real quiet few months in our world of law. Nothing too substantial has come out recently. There have been some procedural cases,

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