Blog

I am beginning to publish some articles here today, but I wanted to take a moment to wish all of the mothers out there a happy

Barnes v Occhino, 2019 NY Slip Op 03159 (4th Dept. 2019) (1) ” That report contains a review of plaintiff’s imaging studies, which showed disc herniations,

Ortiz v Boamah, 2019 NY Slip Op 01129 (1st Dept. 2019) I am always interested in how issues of causation play out in the statutory no-fault

Rambarran v New York City Tr. Auth., 2019 NY Slip Op 00484 (2d Dept. 2019) “Here, the plaintiff’s evidence at trial included her own testimony, the

Daniele v Pain Mgt. Ctr. of Long Is., 2019 NY Slip Op 00093 (2d Dept. 2019) ” The Supreme Court also should not have allowed the

Matter of GEICO Ins. Co. v Rice, 2018 NY Slip Op 08651 (2d Dept. 2018) “Upon approaching the vehicle, Rice placed his hand into a partially opened

Matter of Tri-State Consumer Ins. Co. v Hereford Ins. Co., 2018 NY Slip Op 08249 (1st Dept. 2018) “Although “there exists a strong public policy in favor

People v Garland, 2018 NY Slip Op 07927 (2018) This is more esoteric but an interesting read.  Factually, Defendant shot the victim and a bullet remained in

Heywood v New York City Tr. Auth, 2018 NY Slip Op 06318 (1st Dept. 2018) “Plaintiff’s own deposition testimony showed that she had resumed running within months

Vega v Crane, 2018 NY Slip Op 03262 (4th Dept, 2018) (1) “There is, however, a significant distinction between the distracting passenger and the remote sender of

Matter of Allstate Ins. Co. v Travelers Cos., Inc., 2018 NY Slip Op 02163 (1st Dept. 2018) “Here, the arbitrators’ determination that Travelers was entitled to recoup

I wish everyone who reads this blog a Happy, Healthy and prosperous New Year.  I promise some interesting appeals from me will find their way at

Z. M. S. & Y Acupuncture, P.C. v GEICO Gen. Ins. Co., 2017 NY Slip Op 51891(U)(App. Term 2d Dept. 2017) (1) ” Defendant appeals from so much

Jacobus v Trump, 2017 NY Slip Op 08625 (1st Dept. 2017) “The challenged statements made orally and by Twitter by defendants were nonactionable (see Silsdorf v Levine ,

People v Rogers, 2017 NY Slip Op 07889 (3d Dept, 2017) (1) Defendant, an army veteran, admitted to unlawfully entering a residence and taking a bottle of

Cadlerock Joint Venture, L.P. v Forde, 2017 NY Slip Op 05416 (2d Dept. 2017) “Contrary to the plaintiff’s contention, the Supreme Court providently exercised its discretion in

Buist v Bromley Co., LLC, 2017 NY Slip Op 04417 (2d Dept. 2017) ” The failure to file proof of service is a procedural irregularity, not a

Matter of Nonhuman Rights Project, Inc. v Lavery,  2017 NY Slip Op 04574 (1st Dept. 2017) (1) “The gravamen of petitioner’s argument that chimpanzees are entitled

People v Husain (Shanzeb), 2017 NY Slip Op 27195 (App. Term 2d Dept. 2017) “It has been held that where an information charges a violation of the

Lion Button Co. v Jachs NY, LLC, 2017 NY Slip Op 50773(U)(App. Term 2d Dept. 2017) (1) ” Under the terms of the stipulation, defendant agreed to