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Biomechanical Engineer allowed to testify
Vargas v Sabri, 2014 NY Slip Op 01666 (1st Dept. 2014) In the world of the use of bio mechanical engineer issues, this case is actually a
EBT denied
Ralph Med. Diagnostics, PC v Mercury Cas. Co., 2014 NY Slip Op 24054 (App. Term 1st Dept. 2014) Well, the CPLR does not apply to no-fault,
Geico v. Avanguard – it is about time.
Geico v. Avanguard – coming to the Appellate Division. How many times have you waited at 167 Willis Avenue, 1205 Franklin Avenue or at a host
EUO no show argued at Appellate Division
IDS Property v. Stracar Medical, P.C., et. al., I really hope this is the one that breaks Westchester/Lincoln and expands the Clennon holding to encompass all
2309(c) – dead for now (maybe?) and the out of state insurer issue
At first, the Appellate Term said it was a fatal defect. Then, they said it was a waivable defect. After that it was held to be
IME no-show upheld based upon DJ case law **correction**
Stracar Med. Servs. v New York Cent. Mut. Ins. Co., 2014 NY Slip Op 50263(U)(App. Term 1st Dept. 2014) (sorry – this was a first department case
Stay not granted in declaratory judgment action
Ingram v Miller, 2014 NY Slip Op 01296 (2d Dept. 2014) “Except where otherwise prescribed by law, the court in which an action is pending may grant
Summary judgment is limited to what is pleaded upon the moving papers
“Here, in light of the limited basis of the plaintiff’s motion for summary judgment on the complaint, which was premised solely on the defendant’s alleged
Disclosure
Gumbs v Flushing Town Ctr. III, L.P., 2014 NY Slip Op 01267 (2d Dept. 2014) “Discovery determinations rest with the sound discretion of the motion court (Andon
Discontinuance without prejudice
American Tr. Ins. Co. v Roberson, 2014 NY Slip Op 01144 (2d Dept. 2014) “In general, absent a showing of special circumstances, including prejudice to a substantial
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The failure to attend IMEs is now considered a Chubb coverage defense
Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC, 2011 NY Slip Op 01948 (1st Dept. 2011) I would consider this matter the most precedential
Only in no-fault can a Civil Court JHO "reverse" the holdings of the Appellate Divisions and the Court of Appeals
You can find this case from the January 24, 2010 law journal, reproduced on David Barshay’s No-Fault Paradise. That said, I have three points I
The first pure Unitrin Appellate Term holding
Harmonic Physical Therapy, P.C. v Praetorian Ins. Co., 2011 NY Slip Op 51597(U)(App. Term 1st Dept. 2011) “In this action to recover assigned first-party no-fault
