Later conflicting statements are “feigned” issues of fact February 3, 2016

Mirjani v DeVito, 2016 NY Slip Op 00448 (1st Dept. 2016)
“It is axiomatic that statements made by a party in an affidavit, a police report, or a deposition that are not denied by the party constitute an admission, and that later, conflicting statements containing a different version of the fa

Conditional order striking answer trumps cross-motion for summary judgment February 3, 2016

Cps 227 LLC v Brody, 2016 NY Slip Op 00446 (1st Dept. 2016)
“Supreme Court properly struck defendant’s answer based on its finding that he failed to comply with a conditional order requiring compliance with discovery demands, and his pattern of disobeying discovery orders (see Fish &amp

“reasonable hypothesis” standard under Ins Law 5105 February 3, 2016

Technology Ins. Co. v Countrywide Ins. Co., 2016 NY Slip Op 00058 (1st Dept. 2016)
“The arbitration award is supported by the “reasonable hypothesis,” drawn from petitioner’s unrefuted evidence and the reasonable inferences arising therefrom, that the vehicle insured by peti

How much is enough to satisfy 3101(d)? February 3, 2016

Conway v Elite Towing & Flatbedding Corp. 2016 NY Slip Op 00470 (2d Dept. 2016)
Generally in personal injury and no-fault litigation, the report of the exert is annexed to the 3101(d) disclosure, and this is sufficient.  Parenthetically, this is usually an IME report that the uniform rules req

Statute of limitations February 3, 2016

Contact Chiropractic, P.C. v New York City Tr. Auth., 2016 NY Slip Op 00325 (2d Dept. 2016)
“The Appellate Term correctly determined that an action by an injured claimant, or his or her assignee, to recover first-party no-fault benefits from a defendant who is self-insured, is subject to a si

IDS? February 3, 2016

IDS Prop. Cas. Ins. Co. v Metro Health Prods., Inc., 2016 NY Slip Op 50089(U)(App. Term 1st Dept. 2016)
“We find no cause to disturb the motion court’s discretionary determination to vacate respondent’s default in this special proceeding pursuant to CPLR 7511(b). Respondent demons

CPLR 3211(a)(5) motion converted to CPLR 3212 motion February 3, 2016

Renelique v State-Wide Ins. Co., 2016 NY Slip Op 50095(U)(App. Term 2d Dept. 2015)
This is interesting for a myriad of reasons.  It is the first time I have seen this Appellate Term convert a post joinder motion to dismiss into a summary judgment motion; and the conversion was made without applica

Choice of law – Florida prevails allowing retroactive recission February 3, 2016

Compas Med., P.C. v Infinity Group, 2016 NY Slip Op 50042(U)(App. Term 2d Dept. 2016)
Florida law prevails again, and the decision makes sense.  I imagine of Plaintiff procured an affidavit from Assignor and raised an issue of fact, this case would have been tough on defense to prove.  And, do no

The boilerplate “I mailed the verification letters” February 3, 2016

J.C. Healing Touch Rehab, P.C. v American Tr. Ins. Co.,  2016 NY Slip Op 50033(U)(App. Term 2d Dept. 2016)
“Defendant also demonstrated prima facie that it had not received the requested verification and, thus, that plaintiff’s first and third through sixth causes of action are prematu

One month delay in posting – reasonable excuse established February 1, 2016

Sounds like a post for a good case?  Sorry.  Even the pressures of life can keep me from posting.  I will probably never abandon this blog.  Makes me the last of the Mohicans?  But, when I am on the road attending to rough trials, hearings and deposition schedules that do not let up, this blog

  1. Trump says:

    As long as your excuse is MAKING AMERICA GREAT AGAIN then it’s okay.