The destruction of peer hearsay: It is not hearsay – and much more
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
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
Beal-Medea Prods., Inc. v GEICO Gen. Ins. Co., 2010 NY Slip Op 50800(U)(Civ. Ct. Kings Co. 2010) This is the topic that just will not go
“Furthermore, the computerized range-of-motion tests referred to in Dr. Dudelzak’s affirmations were not in admissible form because they were not affirmed by someone with personal knowledge
Rivera v GT Acquisition 1 Corp., 2010 NY Slip Op 03158 (1st Dept. 2010) “The motion court properly disregarded the uncertified police report and unauthenticated photographs
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
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
It is fascinating to see the resurgence of “footnote #5” in Pommels v. Perez. What is more fascinating is that while an unsworn MRI report on
Yes, you read that title correctly. Three bizarre decisions as of late, one which deals tangentially with no fault (Garcia v Leon, 2010 NY Slip Op
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
An interesting case from the First Department came out on this topic. It it discussed on the evidence blog. It is worth a read. Click here.
Ortho Pro Labs, Inc. v American Tr. Ins. Co., 2009 NY Slip Op 52693(U)(App. Term 2d Dept. 2009) “In this action by a provider to recover
RLC Med., P.C. v Allstate Prop. & Cas. Ins. Co., 2009 NY Slip Op 52691(U)(App. Term 2d Dept. 2009) “Defendant denied Craigg’s $269.60 claim based upon
While I do not generally discuss Civil Court decisions, the one of Judge Levine in the matter of Popular Imaging, P.C. v State Farm Ins. Co.,
In our latest adventure to the Appellate Term, entitled Exclusive Med. Supply, Inc. v Mercury Ins. Group, 2009 NY Slip Op 502273(u)(App. Term 2d Dept. 2009),
In the matter of PLP Acupuncture, P.C. v Progressive Cas. Ins. Co., 2009 NYSlipOp 50491(U)(App. Term 2d Dept. 2009) http://www.courts.state.ny.us/reporter/3dseries/2009/2009_50491.htm, the Appellate Term observed the following:
Perhaps one of the most obnoxious things in this area of law is that firms attempt to “amplify” their respective positions through oral argument. This occurs