Expert Witness in Car Accident Lawsuits
Learn how expert witnesses in New York car accident lawsuits help establish fault, causation, and damages through accident reconstruction, medical testimony, and economic analysis.
Read More →Experts
80 articles by Jason Tenenbaum, Esq.
Expert opinion
Court reminds attorneys that expert opinions must address specific assertions with cited evidence, not just conclusory statements, in personal injury litigation.
Read More →
3101(d) never applies to
Court reverses trial judge's incorrect application of CPLR 3101(d) to treating physicians, reaffirming that disclosure rules only apply to retained experts, not doctors who treated patients.
Read More →
Wrong expert
Learn NY expert witness requirements for medical malpractice. Analysis of Perez decision & qualification standards. Call 516-750-0595.
Read More →
Medical Expert Affidavit Requirements: New York Personal Injury Defense Guide
Master medical expert affidavit requirements in NY personal injury cases. Expert analysis of qualification standards. Call 516-750-0595 for help.
Read More →
Example of a tardy CPLR 3101(d) that is unacceptable
Court precludes psychiatric expert testimony due to willful late disclosure, demonstrating how strategic gamesmanship in expert witness disclosure can backfire and harm your case.
Read More →
Different peer doctor’s testimony acceptable
Court ruling clarifies that insurance companies can use different expert witnesses to testify about peer review reports in no-fault cases, expanding defense flexibility.
Read More →
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.
Read More →
Ouch
New York court reinforces that expert opinions must be based on properly admitted evidence, not unfounded photographs or materials.
Read More →
Out of scope – need foundation
New York medical malpractice case highlights the critical requirement for expert witnesses to establish proper foundation when testifying outside their area of specialization.
Read More →
Out of scope peer: it is okay
Queens Village Medical case examines when physical medicine experts can testify about orthopedic peer reviews in NY no-fault insurance disputes and expert witness competency rules.
Read More →
Subpoena the records
Court allows subpoena of expert witness billing records to show bias in personal injury case. Plaintiff entitled to cross-examination materials about doctor's financial interests.
Read More →
When a doctor crosses the line
Court limits treating physician's testimony when doctor crosses into biomechanical engineering expertise without proper disclosure under CPLR 3101(d).
Read More →
By-Report
Court rules insurers must request additional documentation for "By Report" CPT codes before denying no-fault claims, addressing proper claim procedures.
Read More →
It was not proven that the surgery was not medically necessary
New York no-fault medical necessity denial case where insurer's peer review expert failed to consider all medical records, highlighting common arbitration challenges.
Read More →
The electrodiagnostic service was not medically appropriate
Court case where electrodiagnostic testing deemed medically unnecessary due to lack of diagnostic dilemma, with credible expert testimony shifting burden to plaintiff.
Read More →
Attacking the experts
Court allows cross-examination of plaintiff's expert about 30-year-old suspension from chiropractic school, ruling past misconduct relevant to credibility when witness claims expertise.
Read More →
An expert who saw plaintiff once may testify
New York court rules on expert witness testimony limits for non-treating physicians in personal injury cases involving spine and knee injuries.
Read More →
Preclusion of bio-mechanical opinion
Dovberg v Laubach case analysis: Second Department precludes biomechanical expert testimony lacking proper foundation in peer-reviewed literature and empirical data.
Read More →
CPLR 3101(d)(1)
Court rules that late expert disclosure doesn't automatically bar expert evidence in summary judgment motions when failure wasn't willful and no prejudice shown.
Read More →
Competent opinion of a specialist
New York Court of Appeals case on expert witness qualifications in medical malpractice - when specialists lack competent opinion for summary judgment motions.
Read More →
The expert opinion
New York courts clarify when medical experts can testify outside their specialty area and the foundation required for reliable expert testimony in personal injury cases.
Read More →
Qualification of an expert
Court rejects cardiovascular surgeon's expert opinion on visual impairment, emphasizing that medical experts must have specialized knowledge in the relevant field to testify.
Read More →
Triable issues of fact on a medical malpractice case?
New York medical malpractice case law on expert testimony requirements, causation standards, and triable issues of fact for summary judgment motions.
Read More →
Wrong records? Inadmissible opinion
Expert opinions based on incorrect medical records are inadmissible and insufficient for summary judgment. Court rejects defense experts who relied on switched notes.
Read More →
A discussion on CPLR 3101(d)
Analysis of CPLR 3101(d) expert disclosure requirements in Tate-Mitros v MTA case, covering minimal disclosure standards and timing issues for expert testimony.
Read More →
3101(d) from the Court of Appeals
Court of Appeals clarifies CPLR 3101(d) expert witness disclosure requirements, timing objections, and trial court discretion in Rivera v Montefiore Medical Center.
Read More →
A Frye hearing is required where two sides have opposing literature on a contested novel service
Frye hearing required when experts present conflicting literature on novel medical theories. Court analysis of prenatal neuroblastoma detection standards.
Read More →
MUA with Straniere: Part 2
New Horizon Surgical v Allstate: Court analysis of MUA medical necessity burden of proof and expert witness testimony in New York no-fault insurance disputes.
Read More →
The professional reliability exclusion
New York court case explains how to establish foundation for professional reliability exception to hearsay rule when expert witnesses rely on out-of-court information.
Read More →
3101(d) preclusion
New York courts differ on CPLR 3101(d) violations - First Department focuses on surprise factor when precluding expert testimony served days before trial.
Read More →
Expert witnesses again
Legal analysis of expert witness qualifications in medical malpractice cases, examining when physicians can testify outside their specialization and foundation requirements.
Read More →
Familiar theme on experts and 2106
Expert witness qualifications and CPLR 2106 objection requirements in NY medical malpractice cases - Lopez v Gramuglia analysis of cross-specialty testimony standards.
Read More →
Biomechanical evidence allowed
Court ruling expands use of biomechanical expert testimony in personal injury cases, establishing qualifications needed for engineers to opine on accident causation.
Read More →
The learned treatise exception to the hearsay rule
New York courts allow learned treatises as evidence when experts recognize publications as standards of care, even without using "authoritative" language.
Read More →
Failed to adduce that (s)he was an expert
New York court ruling on expert witness qualification requirements - what must be included in expert affidavits and CVs to establish admissibility in personal injury cases.
Read More →
Another 3101(d) case
New York appellate court reinforces strict compliance with CPLR 3101(d) expert disclosure rules, precluding witnesses disclosed after trial began without explanation.
Read More →
CPLR 3101(d) not violated
NY court rules CPLR 3101(d) expert disclosure violation doesn't require automatic preclusion without showing willfulness or significant prejudice to opposing party.
Read More →
Jules said he is not bound by the Appellate Term’s holdings
NYC Civil Court judge refuses expert testimony on hearsay grounds despite Appellate Term precedent requiring such testimony in no-fault medical necessity cases.
Read More →
The absence of an expert is fatal to prove causation
New York court ruling: Plaintiff failed to prove causation in motor vehicle accident case without expert medical testimony establishing causal connection.
Read More →
Plaintiff’s medical records are admissible by defendant absent dispute regarding accuracy or veracity
Court ruling establishes that plaintiff's uncertified medical records are admissible when accuracy isn't disputed, offering cleaner evidentiary approach than current hearsay constructs.
Read More →
Biomechanical Engineer allowed to testify
Landmark 2014 Vargas v Sabri case allows biomechanical engineers to testify on motor vehicle accident causation without medical credentials in New York courts.
Read More →![Peer report is sufficient to prima facie prove lack of serious injury (Ins Law Sec. 5102[d])](https://cdn.jtnylaw.com/blog/peer-report-is-sufficient-to-prima-facie-prove-lack-of-serious-injury-ins-law-sec-5102d.avif)
Peer report is sufficient to prima facie prove lack of serious injury (Ins Law Sec. 5102[d])
Fourth Department ruling confirms peer review expert reports can establish prima facie defense against serious injury claims under NY Insurance Law Section 5102(d).
Read More →
Attorney drafted 3101(d) in malpractice action insufficient to defeat summary judgment
First Department Court rejects attorney-drafted expert disclosure in medical malpractice case, highlighting the need for proper evidentiary foundation in summary judgment motions.
Read More →
No credentials? No issue of fact
Court dismisses expert affidavit lacking credentials and objective testing in personal injury case, highlighting foundation requirements for expert testimony.
Read More →
Peer hearsay
New York appellate court rules that medical experts can testify about peer review findings based on medical records, reversing trial court's erroneous hearsay exclusion.
Read More →
Oral application granted (untimely papers accepted) and the deeming acceptable of an affirmation of a physician in a different specialty
Court grants oral application accepting untimely expert papers and physician affirmation from different specialty in Buffalo General Hospital case.
Read More →
Civil Court overturns Appellate Term precedent
Civil Court overturns Appellate Term precedent on no-fault peer review expert testimony, ruling original peer reviewer must testify at trial
Read More →
Objected to inadmissible proof spells doom
Court dismisses no-fault case after plaintiff objects to inadmissible proof, highlighting importance of sworn medical reports and hearsay rules in New York.
Read More →
Abusive summation and cross-examination causes this case to go back to trial
Court reverses personal injury verdict due to attorney's abusive summation and improper cross-examination tactics that denigrated medical experts and witnesses.
Read More →
An psychologist can base his testimony off his own unsworn report – are you really surprised?
Expert psychologist testimony based on unsworn peer review reports is admissible when witness can explain factual basis and be cross-examined in no-fault insurance cases.
Read More →
Authoritative.
Court rules expert witness impeachment with DVD improper when expert doesn't accept material as authoritative, highlighting evidence foundation requirements.
Read More →
Another Article 10 case wittles away peer hearsay
Article 10 case limits peer hearsay in expert testimony, impacting no-fault insurance and threshold injury cases in New York courts.
Read More →
Dr. Grinsberg is incompetent to testify as a matter of law
Court rules psychologist from Ukraine incompetent to testify as expert witness due to lack of proper credentials in New York no-fault insurance case.
Read More →
Attacking an expert based upon his religion leads to reversal
Court of Appeals reverses civil commitment case where prosecutor attacked expert witness based on religious beliefs during cross-examination, violating fair trial standards.
Read More →
The Critical Role of Medical Literature in Expert Testimony
Expert analysis of Rowe v Fisher on medical literature requirements for expert testimony. Personal injury case insights for Long Island and NYC. Call 516-750-0595.
Read More →
Civil Court Decisions in No-Fault Insurance: When Legal Reasoning Goes Wrong | Long Island Attorney
Critical analysis of Consolidated Imaging v Travelers Indemnity Co. - examining flawed Civil Court reasoning in Long Island and NYC no-fault insurance cases.
Read More →
Understanding Article 10 Evidentiary Issues: Expert Witness Testimony and Hearsay Rules in New York Courts
Learn about Article 10 evidentiary issues and expert witness testimony rules in New York courts. Get expert legal help from experienced Long Island attorneys. Call 516-750-0595.
Read More →
Very interesting discussion involving a nurse’s standard of care in the medical malpractice realm
Appellate Division ruling on nurse malpractice expert qualifications - home infusion therapy standard of care requires specialized experience for competent testimony.
Read More →
Interesting procedural case involing the ability to appeal motions to strike 3101(d) disclosures in advance of trial
NY appellate court rules motions to strike expert witness disclosures are evidentiary rulings not appealable until final judgment, affecting biomechanical engineer testimony.
Read More →
I was wrong about the necessity of annexing the reports that the peer doctor relied upon
Analysis of Active Imaging v Progressive case where Appellate Term rejected challenge to medical necessity motion based on peer report without underlying medical records.
Read More →
An expert's opinion based upon hearsay is allowable in an Article 10 Mental Health Hearing
Court ruling allows expert psychologist testimony based on hearsay in Mental Health Law Article 10 proceedings when used to explain opinion basis, not truth.
Read More →
Analysis or reference to scientific data is necessary to defeat a motion based upon the lack of causal connection between lead paint and attendant poisoning
New York Court of Appeals ruling demonstrates that expert testimony in toxic exposure cases requires scientific data and analysis, not mere speculation, to establish causation.
Read More →
The destruction of peer hearsay: It is not hearsay – and much more
Examining peer hearsay exceptions in NY no-fault cases, medical record admissibility, and verification procedures in Urban Radiology v Tri-State Consumer.
Read More →
Peer doctor's testimony is sufficient to prima facie demonstrate a service's lack of medical necessity
Court finds peer doctor testimony with medical rationale sufficient to prove lack of medical necessity, reversing trial court in no-fault case.
Read More →
A family court non-payment of child support petition spurs an interesting 4518(a) case
Family court case examining CPLR 4518(a) business records rule for medical documents - distinguishing admissible physician office records from inadmissible expert opinions.
Read More →
Expert evidence necessary to address malpractice claim
Medical malpractice claims require expert evidence to establish departure from standard of care and causation. McKenzie v Abrahams case highlights need for comprehensive expert testimony.
Read More →
To accept or not to accept expert testimony?
New York court ruling on when juries can reject expert testimony in personal injury cases. Guidelines for accepting or disregarding medical expert opinions based on evidence and cross-examination.
Read More →
An expert can testify about the standard of care of a "sub-specialist" in appropriate cases
Complete guide to medical malpractice expert witness standards in NY. Diel v Bryan case analysis shows cross-specialty options. Call (516) 750-0595.
Read More →
New York Civil Court Evidence Rules: CPLR 3101(d) and Peer Review Reports
Learn about NY civil court evidence rules including CPLR 3101(d) demands and peer review report foundations. Expert legal analysis from Long Island personal injury attorney.
Read More →
Expert Qualification Standards in New York No-Fault Cases: Understanding Professional Sufficiency Requirements
Learn how New York courts determine expert qualifications in no-fault insurance cases. Essential guide for Long Island and NYC attorneys handling medical expert testimony challenges.
Read More →
An interesting 5102(d) case involving a knee surgery
Expert analysis of Gilmonio v Toussaint 5102(d) case involving knee surgery. Learn how incomplete medical history can defeat serious injury threshold claims in NY.
Read More →
Expert Competency and Medical Literature in New York Medical Malpractice and No-Fault Cases
New York court guidance on expert competency and medical literature use in medical malpractice and no-fault cases. Essential reading for Long Island attorneys.
Read More →
Understanding Medical Necessity Defense Failures in New York No-Fault Insurance Cases
Learn how medical necessity defenses fail in NY no-fault cases. Expert analysis of Progressive Med v Allstate reveals key evidentiary pitfalls & hearsay issues.
Read More →
A physical therapist's affidavit lacks probative value as to the rendering of a medical diagnosis
Understanding physical therapist testimony limitations in NY personal injury law. Key insights from Howard v Espinosa for Long Island & NYC attorneys. Call 516-750-0595.
Read More →
Affirmation of opposing expert sufficient to thwart summary judgment in a malpractice case
Court affirms opposing expert affidavit sufficient to defeat summary judgment in medical malpractice when expert has proper credentials and specialty certification.
Read More →
Proof That Physician Was Internist Sufficient for Expert Medical Testimony in NY Personal Injury Cases
Learn how internist qualifications meet NY expert witness standards for personal injury cases. Nassau & Suffolk County medical malpractice lawyer insights. Call 516-750-0595
Read More →
The Appellate Division discusses how an expert becomes comptent to testify about the standard of care in a specific area of practice
Learn NY medical expert testimony standards from Shectman v Wilson case. Expert qualification requirements for medical malpractice cases in NYC and Long Island.
Read More →
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.
Read More →
The Future is Bright for Medical Necessity Summary Judgment Motions in New York
New York medical necessity summary judgment motions are evolving with stricter expert testimony standards, creating opportunities for skilled no-fault insurance attorneys.
Read More →