The declaratory action was properly stated
First Department reverses dismissal of declaratory action against Liberty Mutual, finding breach of contract claims provide adequate notice under CPLR 3013.
Read More →Pleading defects
7 articles by Jason Tenenbaum, Esq.
The motion that went nowhere
NY court dismisses no-fault insurance bad faith claim due to inadequate pleading of consequential damages, while allowing breach of contract claim to proceed.
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Procedural Delays in No-Fault Insurance Litigation: Understanding the Prejudice Standard
Learn about procedural delay standards in NY no-fault insurance litigation. Expert analysis of prejudice requirements for Long Island & NYC medical providers.
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Service on a TPA is not valid service after all
New York court rules that serving legal papers on a third-party administrator doesn't establish valid jurisdiction over an insurance carrier, highlighting critical service requirements.
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So what happens when you admit an allegation in an answer you should never have been admitted?
Learn what happens when you admit allegations in an answer that should have been denied, and how New York courts handle motions to amend pleadings.
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Understanding New Yorks Former Serve and File System: Legal Challenges That Still Echo Today
Expert analysis of New Yorks former serve and file system problems. Learn how historical procedural issues still impact Long Island and NYC legal practice today.
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Plead it or lose
Learn why proper pleading is critical in New York personal injury cases. Expert analysis of the Weaver decision and strategic guidance for Long Island and NYC attorneys.
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