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Scope of cross-examination July 18, 2016

People v Smith, 2016 NY Slip Op 05061 (2016)
We often cross-examine medical professionals with all sorts of backgrounds.  Some have OPMC issues, some have criminal issues, some have been sued in medical malpractice cases.  The question has always been how much into what could be considered &#8220

  1. zuppa says:

    How come when i crossed an ime doctor who took a guilty plea in the infamous boris case — one of the very very few — the court cut me off as the “expert” started to cry.

    over there in good ole queens civil

    And i lost …

    he committed fraud which goes to credibility

    its a conviction not a prior bad act.

    And he was an expert which allows broad cross examination

    i think the court just wanted the insurance company to win

    just a hunch

Judicial notice v. CPLR 4518(c) July 18, 2016

Throgs Neck Multicare, P.C. v Mercury Cas. Co., 2016 NY Slip Op 51081(U)(App. Term 2d Dept, 2016)
Throgs Neck Multicare, P.C. v Mercury Cas. Co., 2016 NY Slip Op 51083(U)(App. Term 2d Dept. 2016)
I fell victim to 4518(c) and the case on point: Dyer v 930 Flushing, LLC, 118 AD3d 742 [2d Dept. 2014

  1. NOTMYFAULT says:

    HOW DO YOU CERTIFY THE DOS RECORDS?

    • jtlawadmin says:

      http://www.dos.ny.gov/corps/faq_copies.page.asp

      “How do I obtain copies of documents filed with the Division of Corporations? Include Text
      Copies of any documents (Certificates of Incorporation, Articles of Organization, Certificates of Amendment, etc.) filed with the Division of Corporations may be obtained by submitting a written request to the New York State Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. The written request should include the following information:

      The exact name of the corporation or other business entity.
      The DOS ID number or the exact date of formation or authorization.
      The document(s) requested.
      A statement as to whether the request is for plain copies or certified copies.
      The mailing address where the copies are to be mailed.
      The fee for a plain copy of a document is $5, and the fee for a certified copy of a document is $10.

      Copies of documents cannot be ordered through this website, by email or over the telephone.

      The Department of State does not provide copies of filing receipts.

      The Division of Corporations will accept written requests for copies of documents by fax. Fees for written requests received by fax must be paid using your credit card/debit card. To pay for a fee using your credit card/debit card, simply complete and sign the Credit Card/Debit Card Authorization Form (43.9 KB PDF Form, 1 page) and submit it to the Division of Corporations with your written request. Written requests for copies of documents may be faxed to (518) 473-1654.

      The large volume of submissions and requests received each day by the Division makes it impracticable for Division staff to verify receipt of individual customer submissions. Please do not call the Division for verification of receipt after submitting a certificate or request by fax. If you do not receive correspondence from our office after a reasonable period of time has elapsed, you may contact the Division at (518) 473-2492 for further instructions.

      Please note that copies will be returned by first-class mail. We do not provide these copies by fax. You may request that your copies be returned to you by overnight delivery service by enclosing a prepaid shipping label with your request.”

  2. Anonymous says:

    hOW DOES ONE CERTIFY DOS RECORDS?

Failure to preserve argument July 18, 2016

Island Life Chiropractic, P.C. v Unitrin Auto & Home Ins. Co., 2016 NY Slip Op 51076(U)(App. Term 2d Dept. 2016)
“Island Life’s contention on appeal, in essence, that defendant Unitrin was not in privity with Kemper, and, thus, that the order in the declaratory judgment action in fa

Massachusetts law applies July 18, 2016

Renelique v Metlife Auto & Home, 2016 NY Slip Op 51075(U)(App. Term 2d Dept. 2016)
“Insofar as is relevant to the present case, while Massachusetts law provides for payment of personal injury protection (PIP) benefits up to $8,000 for one person in any one accident (Mass Gen Laws Ann ch 9

Unpleaded defense can serve as basis to move for summary judgmemnt July 18, 2016

J.K.M. Med. Care, P.C. v Liberty Mut. Fire Ins. Co., 2016 NY Slip Op 51071(u)(App. Term 2d Dept. 2016)
“The rule is that “an unpleaded defense may serve as the basis for granting summary judgment in the absence of surprise or prejudice to the opposing party” (Sullivan v American A

EUO no show – discovery is waived when objection not lodged July 13, 2016

Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co., 2016 NY Slip Op 51026(U)(App. Term 2d Dept. 2016)
“Plaintiff failed to allege, much less prove, that it had responded in any way to the EUO requests at issue. Thus, it cannot raise any objection to the reasonableness of those

Mutual rescheduling in between two no shows – valid July 13, 2016

City Care Acupuncture, P.C. v Ameriprise Ins. Co., 2016 NY Slip Op 51036(U)(App. Term 2d Dept. 2016)
“[p]laintiffs’ assignor had failed to appear for an examination under oath (EUO) which had been duly scheduled for June 1, 2012; that although plaintiffs’ assignor had appeared for

When insanity is more persuasive than reason July 13, 2016

Atlantic Radiology Imaging, P.C. v Interboro Mut. Ins. Co., 2016 NY Slip Op 51031(U)(App. Term 2d Dept. 2016)
I admittedly find the extent that the judges and attorneys in the Civil Kings motion part 1) like to take defaults; and 2) refuse to vacate defaults to be alarming.  There is no other Civi

  1. zuppa says:

    You can repeal the entire cplr. it will not affect the administration of “justice” in new york one bit.

    now i am not saying that the courts disregard the cplr but they do ignore it.

  2. President Dwayne Elizondo Mountain Dew Herbert Camacho says:

    Considering that the Appellate Term will let an insurer correct a defect with 2309 or 2106, long after the motion was decided, this is just stupid.

  3. slick says:

    tHERE HAVE TO BE CONSEQUENCES, OR THERE WILL BE NO COMPLIANCE.

  4. zuppa says:

    I think its a great system. there is too much forgiveness in the law. civil kings is tired of all that lawyer attitude.. adjourn. forgive. adjourn. forgive.

    they are building a wall with mexico that starts in brooklyn.

    and justice delayed is justice denied.

    the appellate term is too liberal and nice, although i am sure they are much more highly qualified than civil kings because they sit on such a high court.

    I heard canada is building a wall on their border with the united states.

    “I don’t need your war machines … i don’t dig your ghetto scenes”

Fraudulent procurement defense looks more like a 3105 defense July 10, 2016

Compas Med., P.C. v Praetorian Ins. Co., 2016 NY Slip Op 51000(U)(App. Term 2d Dept. 2016)
“Moreover, defendant failed to establish as a matter of law that the misrepresentation by plaintiff’s assignor as to his place of residence was material (see Interboro Ins. Co. v Fatmir, 89 AD3d 9

Trial de novos and exhausting administrative remedies July 7, 2016

AutoOne Ins. Co. v Eastern Is. Med. Care, P.C., 2016 NY Slip Op 05354 (2d Dept. 2016)
This case is interesting on a few levels since it addresses what could be categorized as unresolved issues involving provisions of the no-fault law that have not had much exercise in recent years.  Ironically, si