186 articles by Jason Tenenbaum, Esq.
These articles cover key topics related to procedural issues under New York law. Each article breaks down recent court rulings, explains legal standards, and offers practical guidance. Attorney Jason Tenenbaum has written on this subject since 2008, drawing on over two decades of practice in personal injury, no-fault insurance defense, and employment law across Long Island and New York City.
If you have questions about a specific case or need legal advice, call our office at 516-750-0595 for a free consultation.
Practical guide on how to talk to a judge in New York courts. Proper forms of address, courtroom behavior, and tips from Long Island attorney Jason Tenenbaum. Call 516-750-0595.
How to Talk to a Judge in New York: What to Say, What to Avoid, and How to Present Yourself — Read More →
NY CPLR 2106 amendment eliminates notarized affidavits and certificates of conformity. Learn how this changes litigation practice. Call 516-750-0595.
CPLR § 2106 Amendment Eliminates Affidavit Notarization Requirement: What This Means for New York Litigation — Read More →
Florida PIP case examines filing fee strategy where GEICO confessed judgment to block amendment attempts after low-value complaint filing in Alliance Spine v GEICO.
Be careful what you wish for — Read More →
Court clarifies CPLR 308(5) service requirements when traditional methods fail, addressing impracticability standards and due diligence expectations for process servers.
CPLR 308(5) — Read More →
Recent NY court ruling clarifies that laches cannot dismiss complaints without proper CPLR 3216 demand, reinforcing procedural requirements in litigation.
Laches – remember that word? — Read More →
Learn about motions to dismiss in New York personal injury cases. Expert legal guidance from experienced attorneys. Call 516-750-0595 for free consultation.
Understanding Motion to Dismiss in New York Personal Injury Cases — Read More →
NY foreclosure defense case shows defendants can challenge RPAPL 1304 notice violations even after summary judgment is granted, emphasizing strict compliance requirements.
New York Foreclosure Defense: Challenging RPAPL 1304 Notice Violations — Read More →
Learn about document quality requirements in NY personal injury cases. Expert legal analysis from experienced attorneys. Call 516-750-0595.
Legal Document Quality Issues in New York Personal Injury Cases: Lessons from Global Liberty Insurance v. Tyrell — Read More →
Expert analysis of NY insurance subpoena enforcement and fair hearing rights. Global Liberty case shows importance of due process. Call 516-750-0595.
NY Insurance Subpoena Enforcement and Fair Hearing Rights — Read More →
Insurance companies use delay tactics to avoid paying no-fault claims. Learn how courts combat these strategies and protect your rights. Call 516-750-0595 for help.
Combating Litigation Delay Tactics in New York No-Fault Insurance Cases — Read More →
Court rules on discretionary application of 60-day settlement order deadline, prioritizing judicial efficiency over strict procedural compliance in liability cases.
202.48 – settle an order — Read More →
Appeals court procedure when a trial court declines to sign a proposed order to show cause, including when leave to appeal is required versus direct appellate review.
An unsigned OSC on appeal – procedure. — Read More →
Court permits new evidence in reply papers despite opponent's objections in New York no-fault insurance coverage dispute, highlighting procedural tactics.
New evidence used in reply – an angry court appears — Read More →
Court clarifies that prior motion to dismiss rulings don't control summary judgment applications under law of the case doctrine in New York civil procedure.
Motion to dismiss not dispositive of summary judgment application — Read More →
Learn how collateral source hearings intersect with no-fault insurance in New York personal injury cases, including evidentiary requirements and Workers' Compensation offsets.
Intersection between collateral source hearing and no-fault — Read More →
Court decisions on renewal and vacatur motions in NY no-fault insurance cases, including releases that bar claims and late filing discretion.
Renewal and vacatur in interest of justice granted upon a release — Read More →
New York court ruling on e-filing deadlines and venue change motions. Learn how electronic filing requirements affect procedural deadlines in personal injury cases.
E-filing and its perils — Read More →
Understanding affidavit of errors in NY criminal appeals - procedural requirements for town and village court appeals when proceedings aren't stenographically recorded.
Affidavit of errors — Read More →
No-fault insurance case highlights how small-dollar disputes can escalate into costly appeals, raising questions about proportionality in litigation strategy.
Discrepancy between the judgment and the decision – decision controls — Read More →
Court ruling on proper taxpayer identification requirements for no-fault insurance billing providers and when social security numbers vs EINs must be used.
An unincorporated solo practitioner using his own social security number. — Read More →
Court of Appeals framework for cross-examining medical professionals on prior bad acts, criminal conduct, and credibility issues in New York litigation.
Scope of cross-examination — Read More →
Appeals court vacates inappropriate default judgment in no-fault insurance case where trial court refused reasonable adjournment despite clear calendar confusion.
When insanity is more persuasive than reason — Read More →
Court case about correcting order notation from "consent" to reflect actual oral argument in no-fault insurance provider lawsuit against Tri-State Consumer Insurance.
It really was not on consent — Read More →
New York appellate court clarifies when procedural defects are fatal versus correctable, emphasizing courts should allow supplementation rather than dismissal.
Procedural faux pas — Read More →
New York courts rule that 120-day summary judgment deadlines don't apply to pro-se actions in lower courts without proper trial scheduling procedures.
The 120-day requirement does not apply to pro-se actions in the lower courts — Read More →
New York court ruling clarifies that accepting partial payment doesn't create accord and satisfaction, even when check states "paid in full" without proper agreement.
Paid in full? — Read More →
NY court rules financial hardship alone cannot void settlement stipulations, emphasizing courts' preference for enforcing agreements once parties consent.
Inability to pay will not allow vacatur of stipulation — Read More →
First Department upholds declaratory judgment victory for insurer after assignors failed to appear at scheduled examinations under oath in no-fault case.
First Department upholds EUO DJ victory — Read More →
CPLR 3216 case analysis: Restoration Sports & Spine v Geico on dismissal requirements for no-fault insurance claims and justifiable excuse standards.
CPLR 3216 again — Read More →
Grace v NYC Transit case demonstrates how failing to object to jury instructions and verdict sheets results in waiver, requiring fundamental error for appellate review.
Waiver through silence — Read More →
Court ruling allows plaintiff to amend caption to correct corporate name misnomer, establishing no prejudice standard for such procedural corrections.
Amendment of caption is allowable — Read More →
Court rules that dismissal for prior pending proceeding requires substantially the same relief being sought in both actions, rejecting tenant's motion to dismiss landlord's holdover proceeding.
Declaratory judgment action and Special proceeding are identical – dismissal denied — Read More →
Court rules on certificate of conformity requirements for affidavits in default judgment motions, finding waiver of CPLR 2309(a) defects is permissible.
Certificate of conformity waived — Read More →
New York court ruling clarifies that while CPLR 2309 certificate defects aren't fatal, improper notarization requiring personal appearance still invalidates affidavits.
Defective notarization — Read More →
Ford v Phillips case analysis examining a questionable personal injury release and burden shifting requirements in New York accident claims litigation.
A questionable release — Read More →
Court rules on 60-day submission deadline for proposed orders in NY litigation, explaining when 22 NYCRR 202.48 applies and procedural requirements.
Submit order? — Read More →
Court rules supplemental affirmation acceptable in DJ case and res judicata mandates dismissal of no-fault complaint after prior declaratory judgment ruling.
Supplemental affirmation on a DJ case acceptable and res judicata mandates dismissal of complaint — Read More →
Ultimate Health Prods. v American Tr. Ins. Co. case analysis on declaratory judgment actions, res judicata, and no-fault insurance coverage disputes in New York courts.
Back when DJ’s roamed the earth — Read More →
Court of Appeals case on CPLR 2309(c) compliance for out-of-state affidavits in New York no-fault insurance litigation, establishing proper notarization standards.
Death knell to 2309(c) — Read More →
Walking out of an EUO leads to disclaimer and coverage denial. Court rules insured who departed mid-examination breached policy conditions in NY no-fault case.
Walking out of an EUO leads to a disclaimer and a whole lot more — Read More →
Court finds no reasonable excuse for default in no-fault declaratory judgment action where medical providers failed to respond despite proper service.
No reasonable excuse found — Read More →
NY court declines partial summary judgment in no-fault case, finding triable issues of fact regarding medical necessity of services despite defendant's cross-motion.
Partial summary judgment declined after motion — Read More →
New York Appellate Term references CPLR 4518 in no-fault mailing case, raising questions about business record foundations and evolving legal standards.
Where did 4518 come from? — Read More →
Court rules Notice of Entry requirement can nullify summary judgment orders in NY no-fault insurance cases, highlighting procedural pitfalls for providers and insurers.
Notice of Entry is not what some think it means — Read More →
Court ruling clarifies that stipulations don't create collateral estoppel in NY no-fault insurance cases, plus guidance on SIU file discovery and licensing compliance.
Stipulation does not serve as collateral estoppel — Read More →
Court victory for insurer after patient's IME no-show, featuring American Transit citations and analysis of denial rights in New York no-fault cases.
Another IME no-show victory shrowded in American Transit citations — Read More →
Court denies motion to strike CPLR 3212(g) findings in no-fault case, but leaves open question about plaintiff's appeal rights when judges refuse to make such findings.
Motion to strike “3212(g) findings” denied — Read More →
Court sanctions attorney for inappropriate brief language criticizing Appellate Term decisions and discusses employer liability for inadequate legal supervision in NY insurance cases.
Speak your mind in the wrong forum? It will cost you. Fail to supervise your employees? A price will be paid. — Read More →
Clark v Farmers case explores collateral estoppel doctrine preventing relitigation of serious injury claims in NY no-fault and SUM insurance actions.
Collateral estoppel again — Read More →
Second Department affirms declaratory judgment for insurer after medical provider failed to appear for two examinations under oath, establishing material breach of no-fault policy.
EUO no-show DJ is successful (for the most part) — Read More →
Trial de novo requires awards of $5,000+ for plenary judicial review in New York no-fault insurance cases, per Insurance Law § 5106(b).
Trial De Novo reqires each award to be equal to or greater than $5000 — Read More →
Civil Court decision highlights inconsistency in how pro se litigants are treated under procedural rules, particularly regarding summary judgment motion deadlines.
Add this to the mix of why the “120 day rule” or “60 day rule” should not apply to Civil Court MSJ’ — Read More →
Legal strategies for defending multiple no-fault insurance cases from the same assignor after Huntington v. Travelers decision, including special interrogatories tactics.
How Huntington/Travelers can play out — Read More →
New York appellate court incorrectly applies CPLR 3212(a) note of issue requirement to Civil Court, where only a notice of trial is filed, creating statutory confusion.
It is not a Note of Issue — Read More →
Court applies unpublished 60-day summary judgment rule in Civil Court case, raising procedural questions about timing limits and Second Department review needed.
The 60-day rule that was never published in the law journal — Read More →
Court ruling demonstrates how declaratory judgments can preclude subsequent no-fault insurance claims arising from the same accident, establishing binding legal precedent.
Declaratory judgment action given preclusive effect — Read More →
New York Civil Court cases marked off the calendar cannot be dismissed under CPLR 3404, but may remain dormant indefinitely without revival options.
Marked off and cannot be dismissed on motion — Read More →
Analysis of CPLR 2309(c) certificate of conformity requirements for out-of-state affidavits in New York no-fault insurance litigation and recent court decisions.
2309(c) – dead for now (maybe?) and the out of state insurer issue — Read More →
Court denies stay in declaratory judgment action due to insufficient overlap between parties in separate proceedings under CPLR 2201.
Stay not granted in declaratory judgment action — Read More →
Court ruling on no-fault insurance denial defects: minor errors in claim amounts don't invalidate NF-10 denials, peer review reports not required at time of denial.
The vague and conclusory denial again — Read More →
New York court ruling confirms insurance coverage existence doesn't defeat summary judgment motions in medical debt cases, establishing patient liability principles.
Existence of insurance coverage does not defeat summary judgment motion — Read More →
Court ruling clarifies that account stated claims require admissible evidence and proper foundation, marking shift from earlier no-fault insurance precedent.
An account stated requires admissible evidence of the account that is stated — Read More →
Third Department rules CPLR 2004 allows courts to extend order to show cause service deadlines retroactively, establishing new precedent for tardy service extensions.
CPLR 2004 allows an order to show cause to be served tardy – first holding for this proposition of law — Read More →
Appeals court overturns lower court's ruling on proper service, dismissing complaint after finding witness testimony demonstrably false in sewer service case.
Potential sewer service? Traverse sustained and complaint dismissed — Read More →
Expert analysis of court-ordered stays in New York legal proceedings. Government Employees Insurance Co. v Avanguard Medical case review by Long Island attorneys.
Court-Ordered Stays in New York Legal Proceedings: Understanding Government Employees Insurance Co. v Avanguard Medical — Read More →
Second Department's Interboro v Clennon decision analysis on no-fault EUO compliance and material breach standards for Long Island personal injury attorneys.
So what did the Second Department mean? — Read More →
Civil Court properly grants stay motion when declaratory judgment action pending - avoiding inconsistent adjudications in no-fault insurance cases.
Civil Court properly granted motion to stay when DJ action is pending — Read More →
Appellate court rules HIPAA doesn't prevent insurers from using medical records in no-fault cases, orders new trial after improper exclusion of evidence.
HIPPA does not apply to no-fault: New trial ordered. — Read More →
DJ denial reversed: Court excuses IME notice misspelling, rules proper service to attorney sufficient for no-fault insurance claim coverage denial.
DJ denial reversed: A misspelling can be excused, and notice to the attorney is enough — Read More →
Court rules that missing authentication certificates for out-of-state notarized affidavits under CPLR 2309(c) is not a fatal defect when waived by opposing party.
2309(c) defect waived (again) — Read More →
New York court case where plaintiff's attorney's opening statement admissions led to judgment as a matter of law against client for false arrest and malicious prosecution claims.
Judgment as a matter of law due to opening statement — Read More →
Court takes judicial notice of Supreme Court declaratory judgment action with res judicata effect in no-fault insurance dispute (150 chars)
Court takes judicial notice of Supreme Court declaratory judgment action — Read More →
Court rules declaratory judgment on no-fault coverage is res judicata only for specific accident dates listed, not all claims by the same parties.
A declaration of non-coverage is res judicata to the specific date of the accident. — Read More →
New York court ruling on affirmative defenses: pleaded defenses may not constitute admissions when conditional language is used and scope of employment is denied.
A pleaded affirmative defense may not necessarily be used as an admission — Read More →
Court ruling on amended motions, defective IME affidavits, and delay letters vs. verification requests in New York no-fault insurance litigation procedures.
Amended motion/Admissible Reply papers/Defects in affidavits/delay letter vs. verification requests — Read More →
Court allows Florida expert's affirmation despite CPLR 2106 non-compliance, highlighting differences in out-of-state practitioner requirements versus in-state licensing restrictions.
Failure to comply with 2106 is somewhat excusable — Read More →
Court rules on late affidavit submission in personal injury case, examining when briefing schedule violations should be excused based on prejudice rather than strict timing requirements.
Would this violate the Civil Kings briefing schedule rule? — Read More →
NY court dismisses no-fault insurance bad faith claim due to inadequate pleading of consequential damages, while allowing breach of contract claim to proceed.
The motion that went nowhere — Read More →
New York courts have discretion to overlook missing pleadings in summary judgment motions when the record is sufficiently complete, per Washington Realty case.
Court has discretion to overlook absence of pleadings — Read More →
Courts have discretion to accept late papers under CPLR 2214 when plaintiffs show valid excuse and minimal delay without prejudice to defendants.
Late papers in accordance with CPLR 2214 are okay — Read More →
Roggio doctrine doesn't apply when assignor executed assignment before arbitrating medical bills - NY no-fault insurance law analysis of provider reimbursement claims.
Roggio not applicable where Assignior executed Assignment prior to arbitrating medical bills in own right — Read More →
Court ruling clarifies that affidavits can be notarized on different dates than when drafted, providing flexibility in legal document preparation and execution.
Notorial acts. — Read More →
Critical analysis of CPLR 2106 expert report authentication requirements in NY litigation. Expert legal guidance for Long Island attorneys. Call (516) 750-0595.
Understanding CPLR 2106 Expert Report Requirements: Critical Analysis for Long Island Attorneys — Read More →
New York First Department rules electronic signatures have same validity as handwritten signatures under State Technology Law § 304(2) for legal affidavits and court documents.
Electronic signatures unconditionally accepted — Read More →
Five Boro Psychological Services defeats GEICO on procedural grounds when peer review reports lacked proper CPLR 2106 affidavit requirements in NY no-fault case.
Mr. Five Boro finally squeaks one out — Read More →
Court sanctions $10,000 fine against law firm for frivolous conduct in personal injury case, but appellate court reverses finding attorney's defense had merit
Lawyer who tried to do his job but failed? Fine: $10,000 — Read More →
NY appellate court rules certificate of acknowledgment defects in prenuptial agreements may be cured nunc pro tunc with proper evidence of contemporaneous execution.
Certificate of acknowledgment can possibly(?) be cured nunc-pro-tunc — Read More →
Court grants oral application accepting untimely expert papers and physician affirmation from different specialty in Buffalo General Hospital case.
Oral application granted (untimely papers accepted) and the deeming acceptable of an affirmation of a physician in a different specialty — Read More →
Court rules that failure to serve notice of entry means the 30-day appeal deadline never starts, allowing a 7-year-old case to proceed on appeal.
The failure to serve a notice of entry allows a 7 year old case to be adjudicated on appeal — Read More →
Appellate court rules on peer review requirements and electronic signature validity in no-fault insurance disputes, clarifying evidence standards for medical necessity challenges.
Peer hearsay and electronic signatures — Read More →
New York's Second Department clarifies that missing CPLR 2309(c) certificates of conformity for out-of-state affidavits are not fatal defects in litigation.
May 2309(c) finally rest in peace. — Read More →
New York courts may allow subsequent summary judgment motions when substantively valid and serving justice, despite general discouragement of multiple motions.
Subsequent MSJ is okay — Read More →
Court ruling on CPLR 3404 vs 3216 dismissal motions in no-fault insurance breach of contract case, discussing procedural requirements and litigation delays.
3404 and 3216 collide – well somewhat — Read More →
Court rules State Farm's 15-day delay in sending disclaimer letters after completing investigation was unreasonable, resulting in waived coverage defenses.
Brutal loss on a coverage case — Read More →
New York appellate court case analyzing motion to renew procedures and trial calendar restoration after clerical errors in personal injury litigation.
Motion to renew and then some — Read More →
New York appellate court clarifies that renewal motions can be granted when parties correct procedural errors in previously submitted documents, even if the underlying facts existed before.
Renewal is allowed to correct 2106 hiccups — Read More →
Court ruling shows how handwritten changes to no-fault stipulations can become binding through acquiescent conduct, even when plaintiff later tries to enforce original terms.
Mark it up, fax it back and see what happens — Read More →
Court denies plaintiff's motion to renew lost summary judgment motion 12 years later in premises liability case, highlighting strict standards for post-appellate renewal motions.
The search for the mystical Torres, and the hunt to obtain post-appellate renewal — Read More →
Second Department rules that CPLR 2309(c) notarization defects are not fatal when corrective certification can be provided nunc pro tunc under CPLR 2001.
So the newest 2309(c) case now holds that this statute is irrelevent — Read More →
Court applies CPLR 5520 to treat defective appeal as valid when appellant failed to appeal reargument order that superseded original order.
5520 applies to reargument orders that were never appealed — Read More →
Fourth Department ruling on CPLR 305(c) caption amendments in no-fault cases - when substitution fails and proper procedural requirements for changing party names.
When can you "change the caption"? — Read More →
Court grants renewal motion after law office failure, defendant wins summary judgment in no-fault insurance case when plaintiff fails to raise triable issues of fact.
Renewal granted and Plaintiff loses. — Read More →
Court ruling clarifies that electronic signatures placed at the direction of the signor are legally valid, even when appearing as facsimile stamps on peer review reports.
A signature placed at the direction of the signor — Read More →
Learn when CPLR 2221(a) motions are appropriate for vacating court orders in NY personal injury cases. Expert analysis of Tangalin v MTA decision.
2221(a) motion appropriate to deal with motion to vacate sua sponte order — Read More →
Learn about procedural delay standards in NY no-fault insurance litigation. Expert analysis of prejudice requirements for Long Island & NYC medical providers.
Procedural Delays in No-Fault Insurance Litigation: Understanding the Prejudice Standard — Read More →
Learn how res judicata doctrine affects no-fault insurance litigation in NY. Expert analysis of declaratory judgments and legal barriers for medical providers.
Understanding Res Judicata in No-Fault Insurance: When Past Decisions Bar Future Claims — Read More →
Learn the legal standards for proving document forgery in New York courts. Expert analysis of JPMorgan Chase Bank v. Bauer case and evidentiary requirements.
Proof in opposition was insufficient to show a forgery — Read More →
Progressive's peer review defense fails due to improper affidavit procedures in NY no-fault case, showing how procedural errors can defeat strong defenses.
When Insurance Defense Goes Wrong: Progressive’s Procedural Failures in Peer Review — Read More →
Learn how New York court calendar restoration rules create legal limbo for personal injury cases, keeping insurance reserves tied up indefinitely in Long Island and NYC.
A Case and Reserves That Will Remain in Limbo: Understanding New York No-Fault Insurance Law — Read More →
Appellate Term Second Department allows unpreserved legal arguments in no-fault insurance appeal, potentially encouraging sloppy Civil Court work and litigation tactics.
From the Appellate Term Second Department: Unpreserved legal argument is welcome — Read More →
Navigate complex New York court procedures for amended motions. Expert legal guidance for motion practice throughout Long Island and NYC. Call 516-750-0595.
Amended motion? — Read More →
Court clarifies proper judgment preparation procedures under CCA 1401, emphasizing that attorneys, not court clerks, should prepare judgments except in specific circumstances.
CCA 1401 – again — Read More →
Court dismisses no-fault case due to improper service of process and failure to serve within 120-day deadline, highlighting critical procedural requirements.
Not nice. — Read More →
Court ruling highlights critical affidavit requirements and waiver rules for objections to defective affidavits in New York litigation practice.
An affidavit really is not an affidavit — Read More →
Court rules that challenging a stamped signature without explaining why it's invalid is insufficient to raise factual issues in no-fault insurance litigation.
The failure to assert why the signature was stamped will not invalidate an affirmation — Read More →
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.
So what happens when you admit an allegation in an answer you should never have been admitted? — Read More →
MVAIC's repeated failed attempts to vacate default judgments highlight the futility of raising the same meritless arguments on appeal in no-fault insurance cases.
Give it up MVAIC — Read More →
Learn how defective insurance claim denials can be challenged in New York no-fault cases. Expert legal analysis of technical requirements and healthcare provider rights.
More on defective denials — Read More →
Expert analysis of CPLR 5019(a) limitations in NY civil practice. Mount Sinai decision on judgment modifications from experienced Long Island attorney.
Understanding CPLR 5019(a) Limitations: Why Courts Cannot Modify Judgment Amounts Based on Substantive Reasons — Read More →
Learn how to avoid post-notice of trial limbo in NY courts. Expert analysis of calendar restoration rules and procedural requirements for Long Island & NYC personal injury cases. Call (516) 750-0595.
Post-Notice of Trial Calendar Issues: Avoiding Procedural Limbo in NY Courts — Read More →
Learn how attorney participation in NY arbitration hearings preserves your trial de novo rights. Expert analysis of Part 28 arbitration rules for Long Island & NYC cases. Call (516) 750-0595.
Trial De Novo Rights in NY Arbitration: When Attorney Participation Preserves Your Options — Read More →
Analysis of CPLR 3212(g) motion practice and trial issue limitations in New York no-fault insurance litigation, examining Quality Med. Healthcare case precedent.
Punch drunk off CPLR 3212(g) — Read More →
Court ruling demonstrates that declaratory judgments granted on default may still be enforceable, even when the underlying basis for non-coverage isn't disclosed in the opinion.
Declaratory judgment may not be impugned – even if granted on default — Read More →
Three recent no-fault insurance cases demonstrate how plaintiffs consistently fail to provide adequate medical expert testimony to rebut insurance carriers' utilization reports.
More plaintiffs fail to rebut an insurance carrier’s medical utilization report — Read More →
Attorney Jason Tenenbaum discusses his fifth successful challenge using CPLR 2106, preventing improper affirmations by corporate principals in litigation.
The fifth time 2106 was invoked — Read More →
Learn about CPLR 2106 affirmation requirements in New York no-fault insurance cases and why affidavits are safer than affirmations for medical providers.
The trap called 2106 — Read More →
New York Court of Appeals rules that collateral estoppel does not prevent arbitrators from reaching different conclusions on same issues in no-fault vs SUM arbitrations.
Collateral estoppel does not preclude an arbitrator from ruling differently from another arbitrator on the same issue — Read More →
Court compares CPLR 3216 motion standards to summary judgment opposition burden, highlighting conflicting departmental approaches to meritorious cause requirements in NY litigation.
Proof akin to that in opposition to a motion for summary judgement necessary to defeat a 3216 motion — Read More →
Court rules CPLR 3211(a)(1) cannot establish policy violation defenses in no-fault cases, highlighting the need for strategic motion practice in busy NYC courts.
3211(a)(1) – does not apply to an EUO no-show defense — Read More →
Court grants plaintiff's renewal motion to correct defective medical affirmations, allowing second chance to submit proper documentation in personal injury case.
Plaintiff given a second chance to correct the form of his papers — Read More →
Court denies consolidation and amendment motions in no-fault insurance case, ruling on discovery procedures and fraudulent incorporation claims.
Consolidation and belated discovery denied — Read More →
Learn the minimum requirements for a valid affidavit in New York courts, including essential language and notarization standards from recent case law.
The minimum that an affidavit must contain — Read More →
Examining peer hearsay exceptions in NY no-fault cases, medical record admissibility, and verification procedures in Urban Radiology v Tri-State Consumer.
The destruction of peer hearsay: It is not hearsay – and much more — Read More →
Court rules EBT transcript inadmissible when not mailed to plaintiff per CPLR 3117, but Second Department decision conflicts with prior precedent on party depositions.
EBT transcript invalid because it was not mailed to plaintiff (CPLR 3117) — Read More →
Fourth Department appellate court ruling on res judicata, law of the case doctrine, and prima facie requirements in no-fault insurance mailing disputes.
A tongue twister from the Fourth Department — Read More →![The 120 day time period (CPLR 3212[a]) to make a summary judgment motion applies even if an action is marked off the calendar](https://cdn.jtnylaw.com/blog/the-120-day-time-period-cplr-3212a-to-make-a-summary-judgment-motion-applies-even-if-an-action-is-marked-off-the-calendar.avif)
New York's 120-day summary judgment rule applies even when cases are struck from the calendar, preventing defendants from circumventing procedural deadlines.
The 120 day time period (CPLR 3212[a]) to make a summary judgment motion applies even if an action is marked off the calendar — Read More →
New York's First Department demonstrates inconsistent application of CPLR 2309 certificate requirements for foreign affidavits, creating unpredictable outcomes for practitioners.
The First Department's newest inconsistent position on 2309 — Read More →
Henry v Peguero 2010 case analysis examining causation requirements in 5102(d) serious injury threshold claims, renewal motions, and potential Court of Appeals review.
Causation, Renewal and a probable trip to the Court of Appeals — Read More →
New York appellate court ruling reveals surprising disparity between complaint dismissal sanctions and preclusion orders under CPLR 3126, raising constitutional questions.
Does this make sense? — Read More →
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.
And this is why computerized range of motion testing is medically necessary – yet, not admissible. — Read More →
New York appellate court reverses summary judgment denial in credit card debt case, granting dismissal when evidence showed no contractual relationship existed between defendant and creditor.
From our angry court of the week department — Read More →
Appellate Term allows defendant second opportunity to cure defective summary judgment papers with supplemental physician affidavit in no-fault insurance case.
Appellate Term approves of the Court giving Defendant a second bite at the apple — Read More →
NY appellate court orders framed issue hearing to resolve document signature validity dispute, highlighting ongoing judicial inconsistency in electronic signature cases.
It is back: A framed issue hearing for "faxed, copied, stamped or electronically signed" documents — Read More →
Federal court dismissal on alternative grounds doesn't bar subsequent state discrimination claims under res judicata doctrine - NY appellate decision analysis.
Oh, yeah, in the alternative, I would have dismissed the complaint on another ground — Read More →
CPLR 3212(a) 120-day rule applies to lower courts despite conflicting District Court ruling. Analysis of procedural requirements for summary judgment motions.
CPLR 3212(a) not applicable in the lower courts? Not again. — Read More →
Court rules conclusory statements insufficient to challenge faxed or electronic signatures in no-fault insurance cases without proper evidence of forgery.
A conclusory statement is insufficient to raise an issue of fact that a signature was "faxed" or "electronic" — Read More →
NY Appellate Division defines limited scope of "documentary evidence" under CPLR 3211(a)(1), excluding affidavits, emails, depositions, and medical records.
The Appellate Division has held that "Documentary evidence" under CPLR 3211(a)(1) is quite limited — Read More →
How Shady Grove v. Allstate opened federal courts to NY no-fault class actions. Expert analysis of Erie doctrine impact and forum shopping strategies. Call 516-750-0595.
Shady Grove v. Allstate: How Federal Court Access Transformed NY No-Fault Class Actions — Read More →
Court withdraws opinion on framed issue hearings for stamped signature disputes in NY no-fault insurance cases, leaving providers with limited recourse options.
Those promised framed issue hearings on "stamped signature" cases were quite short lived — Read More →
Expert legal analysis of fee schedule defense requirements in no-fault insurance cases. Call (516) 750-0595 for experienced representation in Long Island and NYC.
Fee Schedule Defense Requirements in No-Fault Insurance Cases | Long Island & NYC Legal Analysis — Read More →
Understanding CPLR 5501(a)(1): How to challenge adverse summary judgment rulings on appeal from final judgment. Expert analysis of Bandler v Liberty case.
An appeal from a judgment after a trial brings up for review a summary judgment motion that was not previously appealed — Read More →
Learn how credibility issues can destroy personal injury cases in NY. Analysis of Bennice v Randall shows why honesty with your attorney is crucial for success.
A less than credible Plaintiff sinks his own case — Read More →
Strategic analysis of expert witness deadlines in NY personal injury cases. Mallards Dairy case study shows court flexibility. Call (516) 750-0595.
A party that really blew it gets not only a second but a third chance to correct his mistake — Read More →
Avoid the CPLR 2106 trap that destroys medical practice no-fault claims. Long Island & NYC legal defense against procedural errors. Call 516-750-0595.
The CPLR 2106 Trap: Why Medical Practice Owners Must Avoid This Critical Procedural Error — Read More →
Analysis of signature authenticity requirements and reply procedures in NY insurance litigation. Essential guidance on challenging stamped vs holographic signatures.
It takes more than a mere allegation that a signature is not holographic in order to invoke the "stamped signature" rule. Also, a form defect can be fixed in reply. — Read More →
First Department decisions impact no-fault insurance practice, criminal law, and negligence cases for NY attorneys. Analysis of Garcia v Leon hearsay ruling.
First Department Legal Decisions: Impact on No-Fault Practice and New York Legal Practitioners — Read More →
Learn about summary jury trials and legal stipulations in NY personal injury cases. Experienced Long Island attorneys explain the Grochowski v Fudella decision. Call 516-750-0595.
Read the stipulation…. — Read More →
Explore NY appellate decisions on granting leave to renew when improper affirmations instead of affidavits are used in legal motions and procedural requirements.
Issues involving the granting of leave to renew when an improper affirmation instead of an affidavit is presented — Read More →
Expert analysis of CPLR 3212(g) and when seeking relief under this provision becomes procedurally improper in New York courts. Call (516) 750-0595 for consultation.
Understanding CPLR 3212(g): When Summary Judgment Relief Becomes Improper — Read More →
Understanding "not an insured event" defenses in no-fault insurance cases. Long Island and NYC personal injury attorney explains coverage challenges and solutions.
The appellate division grants summary judgment since the loss was not an insured event – UPDATED — Read More →
Understanding CPLR 3212(f) requirements for additional discovery time in NY litigation. Expert legal guidance on summary judgment practice. Call (516) 750-0595.
3212(f) does not apply — Read More →
Navigate CPLR 2309 notarization requirements in NY litigation. Expert analysis of jurisdictional splits and compliance strategies. Free consultation - Call 516-750-0595.
CPLR 2309 Compliance: Navigating Notarization Requirements in New York Litigation — Read More →
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.
Understanding New Yorks Former Serve and File System: Legal Challenges That Still Echo Today — Read More →
Learn about CPLR 2309 affidavit attestation requirements and when technical violations may be excused under CPLR 2001. Expert analysis from the Appellate Division Second Department.
CPLR 2309 Requirements: Understanding Affidavit Attestation Rules from the Appellate Division, Second Department — Read More →
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.
Plead it or lose — Read More →
CPLR 2309 certificate of conformity requirements for out-of-state affidavits in New York civil litigation, including recent case law and practical implications.
CPLR 2309 and the ability to submit new evidence in a reply — Read More →
Learn about proving standing in New York foreclosure cases without assignment. Key legal precedents and defense strategies for Long Island homeowners.
Proving standing without an assignment? — Read More →
Learn New York's single motion rule and statute of limitations in Chester Medical Diagnostic case. Essential guidance for Long Island and NYC no-fault insurance litigation.
Single Motion Rule and Statute of Limitations: Long Island & NYC Legal Guide — Read More →
Learn why New York courts reject improperly formatted medical evidence and how supplemental opposition papers cannot cure procedural defects in personal injury cases.
The Failure to Place Evidence in Proper Form Cannot Be Cured in a Supplemental Opposition — Read More →
Learn how CPLR 2106 affirmation defects can be corrected through renewal motions in NY litigation. Expert guide for Long Island attorneys on procedural requirements and remedies.
Renewal Under Certain Circumstances May Be Granted to Correct an Improper Affirmation: A Comprehensive Guide to CPLR 2106 Requirements — Read More →
CPLR 3404 case analysis: Kahgan v Alwi explores rebuttable presumption of abandonment when trial motions aren't calendared, with implications for Civil Court actions.
CPLR 3404 and the untimely motion to restore that was (in effect) deemed timely — Read More →
Learn about collateral estoppel and privity in NY no-fault insurance cases. Expert analysis of State Farm v. Frias for Long Island & NYC residents facing insurance disputes.
Can a Declaration of Non-Coverage that Arises from a Co-Defendant's Default be Considered Collateral Estoppel Against the Appearing and Answering Defendant? — Read More →
Learn how laches can defeat discovery requests under CPLR 3212(f) in New York summary judgment practice. Expert analysis from experienced litigation attorneys.
Laches may prove fatal to opposing a summary judgment motion based upon CPLR 3212 (f) — Read More →
Learn about CPLR § 2309(c) requirements for out-of-state affidavits in New York courts. Andromeda case analysis & best practices for Long Island attorneys.
CPLR § 2309(c): Out-of-State Affidavits & Certificate Requirements in NY Courts — Read More →
Learn how CPLR § 2309 and CPLR § 2106 requirements for oaths and affidavits can derail no-fault insurance cases. Avoid costly procedural errors in NY courts.
What do CPLR § 2309 and CPLR § 2106 have in common? — Read More →
Understanding priority of payment disputes in NY no-fault insurance. Expert analysis of intercompany arbitration requirements, SZ Medical case, and Insurance Law 5105 for NYC and Long Island.
Priority of payment disputes must be adjudicated through Ins. Law 5105 intercompany arbitration — Read More →
Learn about New York's abolished serve-and-file system and nunc pro tunc relief. Essential procedural history for Long Island and NYC attorneys.
Understanding Nunc Pro Tunc Relief: New York’s Historic Serve-and-File System — Read More →
Learn about Motion to Reargue deadlines in New York civil litigation. Expert guidance on CPLR 2221(d)(3) and when the 30-day rule may be tolled. Call 516-750-0595.
Motion to Reargue: Understanding the 30-Day Rule in New York Civil Procedure — Read More →
Learn about attorney fee requirements in New York no-fault insurance cases after Cornell Medical. Important billing compliance for NYC and LI attorneys. Call 516-750-0595.
Attorney Fee Requirements in New York No-Fault Insurance Cases — Read More →
Understanding the difference between stricken vs dismissed no-fault insurance cases in New York courts, including restoration procedures and strategic considerations.
Stricken v. dismissed — Read More →
Learn about New York court venue transfer procedures and the complex process of moving cases between different court systems on Long Island and NYC.
Court Venue Transfer in New York: Understanding the Complex Process — Read More →
Understanding the three types of appeals in New York personal injury practice. Strategic appellate guidance from experienced Long Island attorney Jason Tenenbaum.
2106 again… — Read More →
Analyzing NY no-fault medical necessity challenges from Continental Medical v. Mercury Casualty case, examining CPLR 2106 affirmation defects and IME report requirements.
NY Medical Necessity Challenges: Continental Medical Case Analysis — Read More →
Master written opposition strategies to defeat procedural challenges in NY courts. Expert guide for Long Island & NYC attorneys on countering litigation gamesmanship.
Written opposition – the key to beating people on procedural defects — Read More →
Learn how CPLR 3211(a) allows defendants to cure pleadings when opposing pre-answer motions in New York civil litigation. Essential guide for Long Island attorneys.
CPLR 3211(a) – you may cure pleadings in opposition to a preanswer motion — Read More →
Navigate NY no-fault insurance procedural requirements. Long Island attorney Jason Tenenbaum helps with claims, denials. Call 516-750-0595 free consultation.
A new day for decisions… — Read More →Injured? Don't Wait.
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