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Affidavit of errors September 19, 2016

This is an unfortunate case in the criminal arena.  One of the great advances that the Jonathan Lippman administration made within our Town and Village Courts is to require that all proceedings be tape recorded should the town or village not want to incur the expense of a stenographer.   “I

  1. Sun Tzu says:

    Sleep easier? donald trump might become president of the united states of america.

Former Judge Michael Ciaffa has been located September 19, 2016

People v. Pierre, 142 AD3d 566 (2d Dept. 2016)

First, I hope Judge Ciaffa returns to District Court.  I learned about the variable nature of an account stated when a debtor is uninsured or under-insured, and that a credit card interest rate may not be enforceable in certain situations.  Now in

Jury said the injury was related to a stint in prison September 19, 2016

Yuzary v Hafif, 2016 NY Slip Op 05993 (2d Dept. 2016)
Those Kings County juries, comprised of the children on midwest farmers and southern preachers have taken a turn to the right.  Whereas this fact pattern might not have changed in the trials, the results have.
(1) “On cross-examination, t

Preliminary injunction denied – the analysis is questionable September 16, 2016

Liberty Mut. Ins. Co. v Branch Med., P.C., 2016 NY Slip Op 31706(U)(Sup. Ct. NY Co. 2016)
(1)  In connection with one such claim, at an examination under oath (EUO) held on March 31, 2014, Nicholas testified that he and his brother, Scott, solely owned and controlled Branch, that their compensat

  1. jotaro kujo says:

    I think you did miss something. The failure to provide verification that the carrier is not entitled to ask for cannot be used as an indication of fraud. The Court seemed convinced that the carrier in this case, did not have any indication of fraud on behalf of the provider. Assuming this to be correct, as I do not have the underlying papers, there was no basis to require the provider to answer the questions posed. Even forgetting the financials not being “verifiable” in the claims stage portion of this case, it is still incumbent on the carrier to present a need for documentation it requests. It cannot be that the mere submission of a bill to a carrier allows it to do a forensic accounting of a provider. Thus, the unmistakable conclusion of the court was that you need evidence of wrongdoing to get corporate information at the very least.

Supreme Court got it wrong but I saw a tactical error in the EUO September 16, 2016

State Farm Mut. Auto. Ins. Co. v Thompson, 2016 NY Slip Op 51222(U)(Sup. Ct. Kings Co. 2016)
This was a  non-contact DJ Case.  Plaintiff relied on the EUO of its insured who said he never hit the EIP.  The EUO was properly sworn to.  The court held that the EUO was inadmissible.  I will just s

What do these cases have in common? September 16, 2016

Country-Wide Ins. Co. v Castro, 2016 NY Slip Op 31505(U)(Sup. Ct. NY CO. 2016)
American Tr. Ins. Co. v Tavarez, 2016 NY Slip Op 31601(U)(Sup. Ct. NY CO. 2016)
American Tr. Ins. Co. v Garcia, 2016 NY Slip Op 31602(U)(Sup. Ct. NY CO. 2016)
All of these no-show default motions were struck by 11 NYCR

The Court comments on a copy and paste job September 16, 2016

Infinity Ins. Co. v Nazaire, 2016 NY Slip Op 31454(U)(Sup. Ct. Kings Co. 2016)
This is a PA rescission case based upon a garaging issue.  The Court caught on to something interesting.  First, the EUO of the Defendant was not annexed to the moving papers.  Second, the Court found the investigator

Another Article 75 needed to be taken against AAA September 16, 2016

Global Liberty Ins. Co. v. Electrophysiological Medical, P.C., Index #: 21167/2016E (Sup. Ct. Bronx Co. 2016)
I think one of the weakest parts of the AAA no-fault dispute resolution services is the lack of depth that exists within the pool of the master arbitration panel.  With the death of Normal

PL 210.45 verification is a sufficient affidavit September 16, 2016

Gonzalez v Ayala, 2016 NY Slip Op 05626 (2d Dept. 2016)
“In support of their motion, the defendants submitted, inter alia, an affidavit from the defendant driver, and various witness statements verified pursuant to Law] Penal Law § 210.45, which presented conflicting evidence as to how the

Interest when liability is stipulated September 16, 2016

Mahoney v Brockbank, 2016 NY Slip Op 05630 (2d Dept. 2016)
“In short, we conclude that a stipulation as to liability does not trigger the accrual of prejudgment interest under CPLR 5002. Moreover, because the parties did not provide for prejudgment interest in their stipulation, the Supreme C