Hearsay insufficient to substantiate a fraud defense/Fee Schedule discussion
Court ruling on hearsay evidence in no-fault insurance fraud defenses and fee schedule denial requirements. Analysis of Box #18 denials and coverage disputes.
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35 articles by Jason Tenenbaum, Esq.
The Arbitrator Charles Sloane 2106 rule: deemed arbitrary.
First Department rules that no-fault arbitrators cannot strictly enforce CPLR 2106 evidentiary requirements, calling such rigid adherence "arbitrary" in landmark decision.
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Hearsay
Court ruling on limiting cross-examination of medical examiner regarding non-authoritative texts and hearsay evidence not admitted at trial.
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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.
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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.
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Speak your mind in the wrong forum? It will cost you. Fail to supervise your employees? A price will be paid.
Court sanctions attorney for inappropriate brief language criticizing Appellate Term decisions and discusses employer liability for inadequate legal supervision in NY insurance cases.
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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.
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Another peer hearsay case
New York court upholds admission of doctor's peer review testimony on medical necessity despite hearsay objections in no-fault insurance case.
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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.
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Judicial notice applies to e-court website
New York courts can take judicial notice of information on the official E-Courts website, allowing judges to consider publicly available court records without formal evidence presentation.
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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
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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.
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Another really intelligent appeal
Court of Appeals decision on no-fault insurance claims showing plaintiff's burden of proof and proper use of denial forms as evidence in New York cases.
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Present sense impression? Refreshing recollection? Inconsistent Statement?
Explores key evidence rules in NY civil cases: present sense impression, excited utterance exceptions to hearsay, refreshing recollection, and inconsistent statements.
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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.
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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.
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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.
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It was a good run at the cards
Appellate Term ruling on medical necessity motions in no-fault insurance cases, examining hearsay rules and evidence standards for Nassau County plaintiff firms.
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A real doozy from the Fourth Department
Fourth Department reverses $44 million liability verdict, ordering fourth new trial while criticizing attorney conduct in complex evidentiary case.
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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.
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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.
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Peer hearsay: Play it again Sam
Analysis of peer doctor hearsay testimony in no-fault insurance cases, examining Civil Court's distinction from Appellate Term precedent in Beal-Medea v GEICO.
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And this is why computerized range of motion testing is medically necessary – yet, not admissible.
New York courts require computerized range of motion tests to be properly affirmed by someone with personal knowledge to be admissible evidence in serious injury cases.
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Uncertified police report is inadmissible
New York courts remain inconsistent on admissibility of uncertified police reports, with some accepting them under CPLR 4518(a) while others reject them as inadmissible hearsay.
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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.
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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.
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An expert's opinion that relies on an unsworn MRI report constitutes competent evidence
Learn when New York courts allow expert medical testimony based on unsworn MRI reports. Expert analysis of Caulkins v Vicinanzo and Pommells v Perez cases. Call (516) 750-0595.
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First Department Legal Decisions: Impact on No-Fault Practice and New York Legal Practitioners
First Department decisions impact no-fault insurance practice, criminal law, and negligence cases for NY attorneys. Analysis of Garcia v Leon hearsay ruling.
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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.
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Assignor Admissions in New York No-Fault: When Your Client’s Own Words Work Against Them
Learn how assignor admissions can impact New York no-fault litigation. Expert analysis of Ortho Pro Labs decision and strategic guidance for Long Island and NYC attorneys.
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EUO Admissibility and CPLR 3212(f): Critical Evidence Rules for New York No-Fault Practice
Master EUO transcript admissibility and CPLR 3212(f) applications in NY no-fault practice. Expert analysis of RLC Medical decision and evidence rules for Long Island and NYC attorneys.
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A civil court judge correctly rejects a so-called Wagman based peer hearsay challenge
New York civil court judge correctly rejects Wagman-based peer hearsay challenge in medical expert testimony case, analyzing evidentiary standards for expert opinions.
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A physician's affirmation and a chiropractor's affidavit will prove the lack of medical necessity of medical equipment
Expert analysis of medical equipment peer review determinations in New York no-fault insurance cases. Understanding evidence requirements and medical necessity standards for Long Island practitioners.
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Medical Evidence Rules in NY Personal Injury Cases: The Wagman Problem
Expert analysis of medical evidence rules in NY personal injury cases. Long Island attorney explains Wagman implications. Call 516-750-0595.
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Written opposition – the key to beating people on procedural defects
Master written opposition strategies to defeat procedural challenges in NY courts. Expert guide for Long Island & NYC attorneys on countering litigation gamesmanship.
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