Balcom v Reither, 2010 NY Slip Op 07701 (2d Dept. 2010) “The plaintiffs contend that the Supreme Court erred in granting those branches of the defendants’
Active Imaging, P.C. v Progressive Northeastern Ins. Co, 2010 NY Slip Op 51842(U)(App. Term 2d Dept. 2010) The Appellate Term, Second Department rejected a plaintiff’s challenge
Matter of State of New York v Wilkes, 2010 NY Slip Op 07006 (4th Dept. 2010) “Insofar as respondent preserved for our review his further contention
Okay, I am back to my posts regarding what should be necessary to defeat a medical necessity summary judgment motion. This is from a lead paint
Urban Radiology, P.C. v Tri-State Consumer Ins. Co., 2010 NY Slip Op 50987(U)(App. Term 2d Dept. 2010) This case really should be in the misc.3d reporter
Speciality Surgical Servs. v Travelers Ins. Co., 2010 NY Slip Op 50715(U)(App. Term 2d Dept. 2010) “At trial, defendant’s doctor testified that the services provided were
Matter of Fortunato v Murray, 2010 NY Slip Op 03122 (2d Dept. 2010) “Contrary to the Family Court’s general statement of the applicable law, “[a] physician’s
McKenzie v Abrahams, 2010 NY Slip Op 03081 (2d Dept. 2010) “To establish liability in a medical malpractice action, a plaintiff must prove a departure from
Williams v City of New York, 2010 NY Slip Op 02783 (2d Dept. 2010) “Dr. Gutstein testified that the decedent’s hospital records for the 11-day period
Diel v Bryan, 2010 NY Slip Op 02230 (4th Dept. 2010) “We reject the contention of defendant that plaintiff’s expert witness, a board certified anesthesiologist, was
IAV Med. Supply, Inc. v Progressive Ins. Co., 2010 NY Slip Op 50433(U)(Civ. Ct. Richmond Co. 2010) Here is a civil court decision from Judge Dollard
A reoccurring problem in no-fault cases pending in Nassau County District Court is that certain judges have routinely found that defense experts, within the confines of
Gilmonio v Toussaint, 2010 NY Slip Op 50258(U)(App. Term 1st Dept. 2010). An appellate court found that the a knee surgery was insufficient to defeat a
Ellis v Eng, 2010 NY Slip Op 01453 (2d Dept. 2010) This medical malpractice case, I think, is a must read for many reasons. First, it
Progressive Med., Inc. v Allstate Ins. Co., 2010 NY Slip Op 50219(U)(App. Term 2d Dept. 2010): “On cross-examination, the witness testified that he relied on several
Howard v Espinosa, 2010 NY Slip Op 00759 (3d Dept. 2010) This is yet another 5102(d) case. But, there is a line in this case that
Plourd v Sidoti, 2010 NY Slip Op 00056 (3d Dept. 2010) “Plaintiff thereafter commenced this action, alleging that the failure of the emergency room [*2]physician, defendant
One of the issues that regular readers of the blog know that I discuss is whether an affirmation or affidavit of a physician is sufficient to
The Appellate Division, Second Department, in Shectman v Wilson 2009 NY Slip Op 09208 (2d Dept. 2009), observed the following: “Here, the defendant physicians established their
This is similar to the cases where a peer doctor fails to review sufficient documentation before arriving at an opinion. “Lack of Foundation to form an
