In-depth legal analysis from Attorney Jason Tenenbaum — covering court rulings, legal standards, and practical guidance on ebt issues under New York law.
Expert Analysis
Examinations Before Trial — depositions — are a critical discovery tool in New York litigation. EBT issues in no-fault and personal injury practice include the scope of permissible questioning, the right to depose corporate representatives, post-note-of-issue depositions, and the consequences of a party's failure to appear. These articles examine EBT practice, court decisions on deposition disputes, and the strategic use of EBT testimony in motion practice and at trial.
Read Our EBT Issues Articles
Frequently Asked Questions
An EBT, commonly called a deposition, is a pre-trial discovery tool under CPLR 3107 where a witness answers questions under oath. In personal injury and no-fault cases, EBTs are used to lock in testimony, assess witness credibility, and uncover facts relevant to the case. Both plaintiffs and defendants can be deposed, along with medical experts, claims adjusters, and other witnesses. EBT testimony can be used at trial for impeachment or as evidence if the witness is unavailable.
NY courts limit defendants' ability to depose treating physicians, requiring proof that testimony is unrelated to diagnosis/treatment and no other discovery avenue exists.
Deposition of treating physician under NY rules — Read Article →
Appellate court reverses denial of EBT motion against radiology provider, emphasizing insurers' right to examine medical professionals in necessity disputes.
EBT granted — Read Article →
Discovery of false statements about prior injuries after case filing can warrant additional examinations under oath, potentially leading to coverage disclaimer.
False statement about prior injuries warrants further discovery — Read Article →
Court decisions on EBT examinations in New York no-fault medical necessity cases, including timing of summary judgment motions and compelling plaintiff depositions.
EBT's of medical necessity cases. — Read Article →
Court upholds EBT examination order in no-fault case where medical necessity disputed, rejecting provider's resistance to deposition despite summary judgment denial.
EBT upheld — Read Article →Need Legal Guidance?
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Court rules on discovery penalties when employees leave and corporate representatives fail to appear for depositions in NY personal injury cases.
Disclosure penalties discussed — Read Article →
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.
Stipulation does not serve as collateral estoppel — Read Article →
New York court ruling shows that provider depositions in no-fault cases require "articulable need" - even minimal disclosure may suffice to block EBT motions.
The articulable need test for a provider EBT on a medical necessity case — Read Article →
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.
EBT denied — Read Article →
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.
EUO preclusion and EBT’s based upon preserved box #18 defense — Read Article →
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.
EBT order as an alternative to a denied medical necessity motion — Read Article →
Court grants discovery motion to determine if medical provider meets licensing requirements under Mallela defense, vacating premature trial notice.
Mallela based disclosure granted — Read Article →
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.
Tax records denied in Mallela based disclosure matter — Read Article →
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.
Deposition of own party allowed into evidence — Read Article →
Appellate court ruling on CPLR 3116(a) errata sheets: deponents cannot make radical changes without adequate explanations in NY personal injury depositions.
The errata sheet is not a do over — Read Article →
New York court rules SIU files discoverable when insurer fails to prove litigation privilege, plus limits on stipulations in no-fault insurance cases.
The SIU file is open for discovery and more — Read Article →
Court case analysis showing how failed summary judgment motion led to mandatory EBT order for medical provider in no-fault insurance dispute.
MSJ + EBT = disaster for plaintiff — Read Article →
Court ruling on attorney participation rights in nonparty witness depositions, clarifying counsel's limited role during EBT proceedings in NY malpractice cases.
Please be quiet — Read Article →
Court ruling clarifies burden of proof in no-fault discovery disputes - medical providers must demonstrate defense is palpably improper to oppose discovery motions.
Burden rests on medical provider to show that defense is palpably improper — Read Article →
When deposition testimony conflicts with errata sheet corrections, courts must deny summary judgment motions due to unresolved credibility issues requiring trial resolution.
Deposition transcript v. errata sheet — Read Article →
Appellate Term reverses Civil Court, grants CPLR 3126(3) motion to dismiss complaint when plaintiff perjured herself about medical history during EBT deposition.
On the CPLR front – 3126(3) motion granted when party deponent lies during deposition — Read Article →
Learn when NY courts allow remote depositions for international parties. Key 2011 precedent for Long Island & NYC attorneys handling overseas witnesses.
Remote Depositions for International Parties: Legal Precedent from Long Island and NYC Courts — Read Article →
Appellate Term compels Dr. Collins to attend deposition in another RLC Medical case, highlighting recurring patterns in no-fault insurance litigation.
Dr. Collins again — Read Article →
Court case analysis examining admissibility of business records and material misrepresentation in no-fault insurance policy procurement disputes in New York.
The spreadsheet was not in admissible form? — Read Article →
Court denies consolidation and amendment motions in no-fault insurance case, ruling on discovery procedures and fraudulent incorporation claims.
Consolidation and belated discovery denied — Read Article →
NY court denies EBT in aid of arbitration, ruling disclosure must be "absolutely necessary" not merely convenient for no-fault insurance disputes.
EBT in aid of arbitration? No dice. — Read Article →
Court strikes defendant's answer for missing EBT deadline, demonstrating how willful discovery violations can lead to severe sanctions under CPLR 3126.
Miss an EBT deadline – have your answer stricken and go directly to inquest — Read Article →
Analysis of Appellate Term decision limiting CPLR 3212(f) relief in three circumstances. Essential guidance for NY civil practice and discovery strategy.
Appellate Term holds CPLR 3212(f) relief is inappropriate under three separate circumstances — Read Article →
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.
Note to attorney: resist the urge to object if your client is being deposed as a non-party at a deposition — Read Article →
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.
The failure of an assignor to appear for an EBT is not a basis for a 3126 sanction against the assignee — Read Article →
Learn when NY courts grant EBT venue exceptions for undue hardship. Expert analysis of deposition alternatives including videoconferencing options. Call 516-750-0595.
NY EBT Venue Rules: When Courts Grant Undue Hardship Exceptions for Depositions — Read Article →
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.
EBT's in no fault practice – "laches does not apply" — Read Article →
Understanding EBT procedural requirements and Fogel decision impacts in no-fault insurance litigation. Expert analysis of A.M. Medical Services v GEICO case.
A plain disaster — Read Article →The Law Office of Jason Tenenbaum publishes detailed legal analysis on ebt issues and related topics as part of an ongoing commitment to legal education and transparency. Since 2008, Attorney Tenenbaum has written over 2,353 articles examining how New York courts decide cases involving personal injury, no-fault insurance, employment discrimination, and complex litigation matters. Each article is based on an actual court decision and provides the kind of substantive analysis that practitioners and clients need to understand the current state of the law.
Attorney Tenenbaum brings over 24 years of New York litigation experience to every article. His practice spans Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He has handled thousands of cases involving insurance disputes, personal injury claims, and employment law matters, giving him a practical perspective that academic commentators often lack. The articles in this collection reflect that experience, offering readers insight into how judges actually apply legal standards in contested cases.
If you are dealing with a legal issue related to ebt issues or any topic covered on this blog, the firm offers free initial consultations by phone or in person. Call (516) 750-0595 to speak with an attorney, or visit the contact page to submit a case review request online. No fee is charged unless the firm recovers compensation on your behalf. The firm's six attorneys bring over 112 combined years of legal experience and speak English, Spanish, Italian, Japanese, and Russian, ensuring clients can communicate in the language they are most comfortable with. Attorney Tenenbaum is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts, and he has authored more than 2,353 published legal articles that attorneys, judges, and insurance professionals across the state rely on for guidance.
New York's legal framework for ebt issues matters involves an intricate web of statutes, regulations, and case law that has developed over decades. The state's court system — including the Civil Court, District Courts, Supreme Court, Appellate Term, Appellate Division, and Court of Appeals — each plays a distinct role in shaping how ebt issues cases are litigated and decided. Trial-level decisions in Nassau County Supreme Court, Suffolk County Supreme Court, and the New York City Civil Courts establish important factual precedents, while appellate rulings create binding legal standards that all lower courts must follow.
The Civil Practice Law and Rules (CPLR) governs procedure in New York civil litigation and contains provisions that directly impact ebt issues cases. CPLR Article 31 establishes the scope and methods of disclosure, including depositions under CPLR 3107, interrogatories under CPLR 3130, and document demands under CPLR 3120. CPLR 3212 provides the standard for summary judgment, requiring the movant to establish a prima facie case through admissible evidence and shifting the burden to the opponent to raise a triable issue of fact. CPLR 3215 governs default judgments, which require proof of service, proof of the facts constituting the claim, and proof of the amount due. Understanding these procedural tools is essential for anyone involved in ebt issues litigation in New York.
Statutes of limitations vary significantly depending on the type of claim. General negligence and personal injury claims carry a three-year deadline under CPLR 214(5). Medical malpractice claims have a shortened two-and-a-half-year deadline under CPLR 214-a. Claims against municipalities require a Notice of Claim within 90 days under General Municipal Law Section 50-e. No-fault insurance claims have their own regulatory deadlines, including the 30-day filing window for applications and the 45-day submission period for provider claims. Employment discrimination claims under the New York State Human Rights Law generally have a three-year statute of limitations, while federal Title VII claims require EEOC filing within 300 days.
The Appellate Term and Appellate Division regularly issue decisions that clarify and refine the legal standards applicable to ebt issues cases. The Second Department, which covers Long Island and parts of New York City, is particularly active in this area. Its decisions on evidentiary standards, burden-shifting frameworks, and procedural requirements directly affect how trial courts evaluate motions and how attorneys prepare their cases. Attorney Tenenbaum monitors these decisions and analyzes them in the articles on this page, providing practitioners with the timely legal commentary they need to stay current.
The Law Office of Jason Tenenbaum, P.C. is located at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746, centrally situated on Long Island to serve clients throughout Nassau County, Suffolk County, and the five boroughs of New York City. With over 24 years of experience and more than 1,000 appeals written, Attorney Tenenbaum combines deep legal knowledge with practical courtroom experience. If you need help with a ebt issues matter, call (516) 750-0595 for a free consultation.
Successful outcomes in ebt issues cases often depend on procedural compliance as much as substantive merit. In no-fault insurance litigation, the prima facie case standard requires the plaintiff to submit admissible evidence establishing the claim was properly submitted, overdue, and unpaid. If the defendant raises a defense — such as an IME no-show, EUO non-appearance, lack of medical necessity, or fee schedule dispute — the burden shifts to the plaintiff to present evidence creating a triable issue of fact. Summary judgment motions under CPLR 3212 require the movant to make a prima facie showing through affidavits, deposition testimony, or documentary evidence, and the opposition must raise a genuine factual dispute to avoid dismissal.
In personal injury cases, the discovery process is governed by CPLR Article 31 and involves depositions of parties and witnesses, exchange of medical records under CPLR 3121 authorizations, physical and mental examinations, and expert disclosure. Once discovery is complete, either party may file a note of issue certifying readiness for trial, after which a 120-day deadline applies for filing summary judgment motions under CPLR 3212(a). Motion practice often determines the outcome of cases before trial, and understanding the specific evidentiary standards applied by courts in your jurisdiction is essential. The articles on this page analyze these standards in detail, drawing on real cases litigated by Attorney Tenenbaum and decisions from courts across the state.
The firm serves clients throughout Long Island, including the towns and villages of Huntington, Babylon, Islip, Brookhaven, Smithtown, Hempstead, Garden City, Mineola, Great Neck, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, and Massapequa, as well as all five boroughs of New York City. Attorney Tenenbaum regularly appears in Nassau County Supreme Court, Suffolk County Supreme Court, the New York City Civil Court, the American Arbitration Association, the Workers' Compensation Board, and the Appellate Term and Appellate Division of the Second Department. If you need legal assistance with a ebt issues matter or any topic discussed in these articles, call (516) 750-0595 for a free, confidential case evaluation.
The Law Office of Jason Tenenbaum, P.C. was founded in 2002 and has grown into one of Long Island's most respected personal injury, employment law, and insurance litigation firms. The firm's six attorneys — led by founding partner Jason Tenenbaum — bring over 112 combined years of legal experience to every case. The team speaks English, Spanish, Italian, Japanese, and Russian, ensuring that clients from diverse backgrounds can communicate in the language they are most comfortable with during what is often one of the most stressful periods of their lives.
Attorney Tenenbaum earned his Juris Doctor from Syracuse University College of Law and is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as the United States District Courts for the Eastern and Southern Districts of New York. He has written more than 1,000 appellate briefs, handled over 100,000 no-fault insurance cases, and recovered over $100 million in verdicts and settlements for injured individuals and workers throughout Long Island and New York City. His 2,353+ published legal articles on New York case law make him one of the most prolific legal commentators in the state, and his analysis is relied upon by attorneys, judges, and insurance professionals across all four Appellate Division departments.
The firm operates on a contingency fee basis for personal injury and employment discrimination cases, which means clients pay no attorney fees unless the firm recovers compensation on their behalf. Every consultation is free, confidential, and without obligation. The firm's centrally located Huntington Station office provides convenient access to Nassau County Supreme Court in Mineola, Suffolk County Supreme Court in Riverhead, the Nassau County District Court, Suffolk County courts in Central Islip, and the New York City Civil Court. Whether you need help with a car accident claim, a workplace discrimination complaint, a no-fault insurance denial, a workers' compensation dispute, or any other legal matter, the Law Office of Jason Tenenbaum, P.C. is ready to fight for your rights.
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