The failings of the former serve and file system – again
Globe Med. Care O.L.P.C. v Travelers Ins. Co., 2010 NY Slip Op 50020(U)(App. Term 1st Dept. 2010) “Civil Court erred in dismissing this action by plaintiff
Globe Med. Care O.L.P.C. v Travelers Ins. Co., 2010 NY Slip Op 50020(U)(App. Term 1st Dept. 2010) “Civil Court erred in dismissing this action by plaintiff
Betz v Daniel Conti, Inc., 2010 NY Slip Op 00086 (2d Dept. 2010) “Although the affidavit of the defendants’ expert, which was notarized outside the state,
What happens is that once a month, the Fourth Department will slam the Most Recent Decision website with about 100 cases. As a practitioner, blogger and
The Courts seem to be all over the place with the certificate of conformity requirement for out of state affidavits found in CPLR 2309. This statute
Since proof of standing is generally not an affirmative part of a no-fault claimant’s prima facie case, this case from the First Department might be of
Chester Med. Diagnostic, P.C. v State Farm Mut. Auto. Ins. Co., 2009 NY Slip Op 52598(U)(App. Term 2d Dept. 2009) “On November 21, 2006, plaintiff, a
“The magnetic resonance imaging (hereinafter the MRI) report of Dr. Steven Brownstein concerning McMullin’s lumbar spine, the MRI report of Dr. Dennis Rossi concerning McMullin’s cervical
What happens if you draft an affirmation that is missing the magical “2106” language and the defect is properly objected to? You lose. Can you move
CPLR 3404 was recently discussed in Kahgan v Alwi, 2009 NY Slip Op 08183 (2 Dept. 2009), as demonstrated below: “The plaintiff filed her note of
State Farm Ins. Co., v. Frias, 2009 NY Slip Op 07825 (2d Dept. 2009) Dave Gottlieb at No-Fault Paradise posted on this case, and offered his