Appellate Term approves of the Court giving Defendant a second bite at the apple
Riu Chiropractic, P.C. v AutoOne Ins. Co., 2010 NY Slip Op 50653(U)(App. Term 2d Dept. 2010) “In opposition to plaintiff’s motion for summary judgment and in
Riu Chiropractic, P.C. v AutoOne Ins. Co., 2010 NY Slip Op 50653(U)(App. Term 2d Dept. 2010) “In opposition to plaintiff’s motion for summary judgment and in
Park Slope Med. & Surgical Supply, Inc. v GEICO Ins. Co., 2010 NY Slip Op 20131 (App. Term 2d Dept. 2010) “While the motion for summary
Bauman v Mount Sinai Hosp., 2010 NY Slip Op 03034 (1st Dept. 2010). I am glad I got your attention. Read the bold portion of the
I thought this issue was resolved a long time ago: 3212(a) applies to the lower courts as well as Supreme Court. Here are some examples holding
In another care where I was the Respondent – I sometimes win these motions in the Civil Courts – Plaintiff appealed the finding of the Civil
Fontanetta v John Doe 1, 2010 NY Slip Op 02743 (2d Dept. 2010) “[t]he case law is somewhat more abundant as to what is not “documentary
Shady Grove v. Allstate Dave Gottlieb has posted extensively on this case, and has some good insights on it. This case represents a course in Civil
Amercure Acupuncture, P.C. v GEICO Ins. Co., 2010 NY Slip Op 20098 (App. Term 2d Dept. 2010) SUPREME COURT OF THE STATE OF NEW YORK APPELLATE
St. Vincent Med. Care, P.C. v Country Wide Ins. Co., 2010 NY Slip Op 50488(U)(App. Term 2d Dept. 2010) 1. Fee Schedule “While defendant argues that
Bandler v Liberty Chevrolet, Inc., 2010 NY Slip Op 50475(U)(App. Term 1st Dept. 2010) Many people, I guess because of the volume of interlocutory appeals that
Bennice v Randall, 2010 NY Slip Op 02253 (4th Dept. 2010) This was a summary jury trial in a 5102(d) matter – no fault’s increasingly grumpy
Mallards Dairy, LLC v E&m Engrs. & Surveyors, P.C., 2010 NY Slip Op 02213 (4th Dept. 2010) “Defendant moved for summary judgment dismissing the complaint and,
Another owner of a medical facility, who improperly used the affirmation device, succumbed to Defendant’s summary judgment motion based upon the medical necessity defense. Doshi Diagnostic
It looks as if an objector to a stamped signature or a computer generated signature needs to present some evidence that the signature is not holographic
Yes, you read that title correctly. Three bizarre decisions as of late, one which deals tangentially with no fault (Garcia v Leon, 2010 NY Slip Op
Grochowski v Fudella, 2010 NY Slip Op 01210 (4th Dept. 2010) The world of summary jury trials. Similar to many of the framed issue no-fault trials
Here is an interesting case that came from the Appellate Division, Second Department today. It comes to us as a nasty legal malpractice, matrimonial and fraud
B.Y., M.D., P.C. v Government Empl. Ins. Co., 2010 NY Slip Op 20026 (App. Term 2d Dept. 2010) This case is weird. Why would a provider
St. Vincent’s Hosp. & Med. Ctr. v Allstate Ins. Co., 2010 NY Slip Op 00668 (2d Dept. 2010) “In support of its cross motion, the defendant
In a tribute to the CPLR blog, and DG’s CPLR R. 3212(f) quest, vendetta or obsession (you pick the appropriate one), here is another case where