Portion of a deposition is enough
NY Court rules excerpts of deposition testimony sufficient for summary judgment motions, contrary to common belief that entire transcript required.
Read More →EBT Issues
34 articles by Jason Tenenbaum, Esq.
Deposition of treating physician under NY rules
NY courts limit defendants' ability to depose treating physicians, requiring proof that testimony is unrelated to diagnosis/treatment and no other discovery avenue exists.
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EBT granted
Appellate court reverses denial of EBT motion against radiology provider, emphasizing insurers' right to examine medical professionals in necessity disputes.
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False statement about prior injuries warrants further discovery
Discovery of false statements about prior injuries after case filing can warrant additional examinations under oath, potentially leading to coverage disclaimer.
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EBT’s of medical necessity cases.
Court decisions on EBT examinations in New York no-fault medical necessity cases, including timing of summary judgment motions and compelling plaintiff depositions.
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EBT upheld
Court upholds EBT examination order in no-fault case where medical necessity disputed, rejecting provider's resistance to deposition despite summary judgment denial.
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Disclosure penalties discussed
Court rules on discovery penalties when employees leave and corporate representatives fail to appear for depositions in NY personal injury cases.
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Stipulation does not serve as collateral estoppel
Court ruling clarifies that stipulations don't create collateral estoppel in NY no-fault insurance cases, plus guidance on SIU file discovery and licensing compliance.
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The articulable need test for a provider EBT on a medical necessity case
New York court ruling shows that provider depositions in no-fault cases require "articulable need" - even minimal disclosure may suffice to block EBT motions.
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EBT denied
Appellate Term First Department rules CPLR doesn't apply to no-fault EBTs, reviving Zlatnick precedent that limits insurer discovery rights in medical provider cases.
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EUO preclusion and EBT’s based upon preserved box #18 defense
New York court ruling on EUO preclusion and EBT rights based on preserved box 18 defense in no-fault insurance cases - key timing requirements explained.
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EBT order as an alternative to a denied medical necessity motion
When medical necessity motions are denied, providers can use EBT orders to compel chiropractor depositions in no-fault cases under CPLR 3101(a) discovery rules.
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Mallela based disclosure granted
Court grants discovery motion to determine if medical provider meets licensing requirements under Mallela defense, vacating premature trial notice.
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Tax records denied in Mallela based disclosure matter
Court denies insurance company's request for tax records in no-fault case, reinforcing that tax returns require special circumstances to be discoverable in litigation.
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Deposition of own party allowed into evidence
New York court rules that defendants can introduce deposition testimony of unavailable party witness at trial, despite plaintiff's objections and missing witness charge request.
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The errata sheet is not a do over
Appellate court ruling on CPLR 3116(a) errata sheets: deponents cannot make radical changes without adequate explanations in NY personal injury depositions.
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The SIU file is open for discovery and more
New York court rules SIU files discoverable when insurer fails to prove litigation privilege, plus limits on stipulations in no-fault insurance cases.
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MSJ + EBT = disaster for plaintiff
Court case analysis showing how failed summary judgment motion led to mandatory EBT order for medical provider in no-fault insurance dispute.
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Please be quiet
Court ruling on attorney participation rights in nonparty witness depositions, clarifying counsel's limited role during EBT proceedings in NY malpractice cases.
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Burden rests on medical provider to show that defense is palpably improper
Court ruling clarifies burden of proof in no-fault discovery disputes - medical providers must demonstrate defense is palpably improper to oppose discovery motions.
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Deposition transcript v. errata sheet
When deposition testimony conflicts with errata sheet corrections, courts must deny summary judgment motions due to unresolved credibility issues requiring trial resolution.
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On the CPLR front – 3126(3) motion granted when party deponent lies during deposition
Appellate Term reverses Civil Court, grants CPLR 3126(3) motion to dismiss complaint when plaintiff perjured herself about medical history during EBT deposition.
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Remote Depositions for International Parties: Legal Precedent from Long Island and NYC Courts
Learn when NY courts allow remote depositions for international parties. Key 2011 precedent for Long Island & NYC attorneys handling overseas witnesses.
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Dr. Collins again
Appellate Term compels Dr. Collins to attend deposition in another RLC Medical case, highlighting recurring patterns in no-fault insurance litigation.
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The spreadsheet was not in admissible form?
Court case analysis examining admissibility of business records and material misrepresentation in no-fault insurance policy procurement disputes in New York.
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Consolidation and belated discovery denied
Court denies consolidation and amendment motions in no-fault insurance case, ruling on discovery procedures and fraudulent incorporation claims.
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EBT in aid of arbitration? No dice.
NY court denies EBT in aid of arbitration, ruling disclosure must be "absolutely necessary" not merely convenient for no-fault insurance disputes.
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Miss an EBT deadline – have your answer stricken and go directly to inquest
Court strikes defendant's answer for missing EBT deadline, demonstrating how willful discovery violations can lead to severe sanctions under CPLR 3126.
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Appellate Term holds CPLR 3212(f) relief is inappropriate under three separate circumstances
Analysis of Appellate Term decision limiting CPLR 3212(f) relief in three circumstances. Essential guidance for NY civil practice and discovery strategy.
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Note to attorney: resist the urge to object if your client is being deposed as a non-party at a deposition
Learn why attorneys cannot object during non-party depositions in NY personal injury cases. Court ruling explains CPLR 3113(c) applies equally to trial and deposition testimony.
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The failure of an assignor to appear for an EBT is not a basis for a 3126 sanction against the assignee
Learn why assignor EBT failures don't warrant CPLR 3126 sanctions against assignees in NY no-fault insurance cases. MIA Acupuncture case analysis for providers.
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NY EBT Venue Rules: When Courts Grant Undue Hardship Exceptions for Depositions
Learn when NY courts grant EBT venue exceptions for undue hardship. Expert analysis of deposition alternatives including videoconferencing options. Call 516-750-0595.
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EBT's in no fault practice – "laches does not apply"
Queens Chiropractic v Country Wide ruling that time delays don't waive insurance carriers' EBT rights in no-fault cases, contrasting with First Department precedent.
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A plain disaster
Understanding EBT procedural requirements and Fogel decision impacts in no-fault insurance litigation. Expert analysis of A.M. Medical Services v GEICO case.
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