Dave wrote an interesting article in the today’s law journal. I would pay close attention to his observations about the new fee schedule. Also, while I
Our frequent poster Mr. Zuppa has successfully beaten back an Article 13-A civil forfeiture action based upon an obscure yet potent technicality. Yet, if you read
Golden Age Med. Supply, Inc. v Clarendon Natl. Ins. Co., 2010 NY Slip Op 52010(U)(App. Term 2d Dept. 2010) “Defendant argues first that the complaint should
AAA Chiropractic, P.C. v MVAIC, 2010 NY Slip Op 51896(U)(App. Term 2d Dept. 2010) “The Civil Court granted defendant’s motion for summary judgment, finding that plaintiff
This case takes mobile treatment to new speeds. Cuomo v Ferran, 2010 NY Slip Op 07304 (2d Dept. 2010): “The defendants Lewis Brestin and Marina Bonaparte
In today’s edition of the New York Law Journal, I discuss why the “fee schedule” defense is anything but a defense. The article is entitled: “Is
As those of you know, I usually publish an article in the New York Law Journal each spring or summer regarding some thoughts I have about
This was just a thought as I read through the Appellate Term, Second Department, decisions that came out today. I will confess that I was .5
I was inspired by DG over at NFP to write something not no-fault related, per se. But then I realized people do not read this blog
It is nice to know that the top bloggers of the no-fault bar have been nominated for LexisNexis’s Top 50 Insurance blogs, as Dave reports to
I came across this trade industry group called “New York Fair”, who seems focused on modifying some of the provisions of the new proposed regulations and
I took this description of me off of Ray Zuppa’s final post on his pit. I am not sure it is true, but I will take
Westchester Med. Ctr. v Liberty Mut. Ins. Co. 2010 NY Slip Op 30649(u)(Sup. Ct. Nassau Co.) This case involved a non-coverage defense – actually, two of
Grillo v Williamsh, 2010 NY Slip Op 02290 (4th Dept. 2010) The Court denied a motion for summary judgment in a strict-liability dog-bite case. I dislike
Gorelik v Gorelik, 2010 NY Slip Op 01922 (2d Dept. 2010) “Contrary to the plaintiff’s contention, the Supreme Court correctly declined to give collateral estoppel effect
Numerous assignments of a debt, sewer service and a lack of respect for a court can spell complete disaster. Read below. Erin Servs. Co., LLC. v
The Appellate Division First Department has on numerous occasions has held that CPLR 3404 applies to Civil Court actions, while the Second Department has found that
Mayard v Wheels, Inc., 2010 NY Slip Op 00653 (2d Dept. 2010) “Under these circumstances, where McKenzie was faced with a sudden and unexpected circumstance, not
In another CPLR issue, the Appellate Division affirmed the order of the Supreme Court that allowed a defendant to open an entered default. Rodgers v 66
Lennard v Khan, 2010 NY Slip Op 00482 (2d Dept. 2010) If an untimely MSJ by another party addresses identical issues of a timely moving party’s
