Over 1,900 articles analyzing New York appellate decisions, organized by practice area and legal topic. Spanning 2008 to 2026, this archive traces how courts have shaped the law on issues that matter to Long Island clients.
Curated by the Law Office of Jason Tenenbaum, P.C. — serving Nassau County, Suffolk County, and greater New York.
1,996
Legal Articles Analyzed
17+
Years of Case Coverage
30
Topic Clusters Identified
4
Core Practice Areas
410 articles
New York's no-fault insurance system governs how medical providers, claimants, and insurers resolve disputes over benefits after automobile accidents. This body of law has evolved through hundreds of appellate rulings since the 1970s.
When an insured fails to appear for an Independent Medical Examination, insurers may deny benefits. Courts have repeatedly refined the standards for proving and defending against IME no-show claims.
Insurers may require claimants and medical providers to submit to an Examination Under Oath. New York courts have established detailed rules about scheduling, timeliness, and the consequences of non-appearance. In 2025, the Appellate Term clarified that attorney affirmations are sufficient despite time lapse.
Insurance carriers often challenge medical billing as exceeding New York's fee schedules. Acupuncture billing — where licensed acupuncturists are reimbursed at chiropractor rates — has been a recurring battleground.
Insurers must follow strict verification procedures before denying claims. In 2026, the Appellate Division held that no denial is required when a provider fails to respond to verification demands within 120 days — the claim is deemed withdrawn by operation of regulation.
Insurers challenge the medical necessity of treatment through peer reviews. Courts require peer reviewers to address each specific treatment and provide an adequate rationale — conclusory denials are routinely overturned.
The priority of payment regulation (11 NYCRR 65-3.15) governed the order in which no-fault benefits were paid when coverage limits were reached. In 2024–2025, both the First and Second Departments held the regulation has no force or effect in arbitration — resolving years of confusion.
Proof of proper mailing of denial letters, EUO notices, and IME scheduling letters is critical. Courts scrutinize affidavits of mailing and office mailing procedures with increasing rigor.
108 articles
New York personal injury law encompasses car accidents, medical malpractice, premises liability, and more. Key issues include proving causation, meeting the "serious injury" threshold under Insurance Law § 5102(d), and the impact of pre-existing conditions.
To sue for pain and suffering after a car accident in New York, your injuries must meet the "serious injury" threshold. Courts evaluate range-of-motion limitations, fractures, and permanent consequential limitations.
New York follows the "eggshell plaintiff" rule — defendants take plaintiffs as they find them. Pre-existing conditions that are aggravated by an accident remain compensable, but proving causation requires specific medical evidence.
Self-imposed range-of-motion limitations, subjective complaints, and quantifying pain and suffering are perennial issues in personal injury trials. Courts have established specific evidentiary standards.
From liability determination and police reports to uninsured motorist claims and comparative fault, New York car accident law requires navigating both the no-fault system and the tort threshold.
310 articles
CPLR motion practice, summary judgment standards, default judgments, expert testimony requirements, and appellate procedure form the procedural backbone of New York litigation.
What constitutes a prima facie case in no-fault and personal injury actions has been defined and refined through dozens of appellate decisions. The standard varies by department and continues to evolve.
Timing rules, burden-shifting frameworks, and the interplay between CPLR 3212(a) deadlines and various motion types are among the most litigated procedural issues in New York practice.
Excusable default, law office failure, and CPLR 5015(a) motions to vacate are frequent procedural flashpoints. Courts balance the policy favoring resolution on the merits against the need for diligence.
Expert witness competency, the sufficiency of peer review reports, and Frye hearing standards determine whether medical and scientific evidence reaches the jury.
Declaratory judgment actions in no-fault disputes, collateral estoppel between DJ actions and plenary suits, and master arbitration awards create a complex procedural landscape.
46 articles
New York's Human Rights Law and federal Title VII protections create a robust framework for addressing workplace discrimination, harassment, retaliation, and wrongful termination across Long Island and New York City.
Discrimination based on race, gender, age, religion, national origin, disability, or sexual orientation is prohibited under both state and federal law. Long Island employees have access to some of the strongest protections in the nation.
Employers cannot fire employees for exercising protected rights — including filing discrimination complaints, requesting accommodations, or reporting safety violations.
The Pregnancy Discrimination Act and New York Human Rights Law protect employees from adverse employment actions based on pregnancy, childbirth, or related medical conditions.
Unpaid wages, overtime violations, minimum wage issues, and tip theft are actionable under both the Fair Labor Standards Act and New York Labor Law.
Legal precedent is not static. When a New York appellate court issues a ruling on, say, the standards for an IME no-show defense, that ruling builds on — and sometimes departs from — years of prior decisions. A single topic like IME no-shows has been addressed by New York courts over 35 times between 2009 and 2025, each decision refining the rules that insurers and claimants must follow.
This Legal Encyclopedia organizes the firm's analysis of these evolving legal standards into connected timelines. Each topic hub links to an authoritative, up-to-date analysis, which in turn connects to the historical chain of decisions that shaped current law. Older articles are preserved as valuable records of how the law stood at a particular moment in time — they include "Legal Update" notices linking to the most current analysis.
Courts have addressed IME no-show issues in no-fault insurance cases over 35 times since 2009.
Early standards for proving non-appearance at IMEs.
Appellate rulings begin establishing that IME no-show defenses often fail on evidentiary grounds.
First Department addresses the standard in a key ruling that would be frequently cited.
15+ additional rulings refine proof-of-mailing and scheduling requirements…
Comprehensive analysis synthesizing all prior rulings into a definitive guide.
Expert answers to the questions we encounter most in our practice.
Our attorneys bring decades of experience with these exact legal issues. Contact us for a free, confidential consultation.
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