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Category: 5102(d) issues

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Suboptimal effort?

Morales v Cabral, 2019 NY Slip Op 08516 (1st Dept. 2019) ” Defendant Morales established prima facie that plaintiff did not sustain a serious injury to

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The stop short paradigm

Niedzwiecki v Yeates, 2019 NY Slip Op 06249 (4th Dept. 2019) Another Fourth Department case that just makes you think, what the heck. Rear-end collision, which

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Threshold not required

Gore v Cardany, 2018 NY Slip Op 08632 (2d Dept. 2018) “The plaintiff has the burden of establishing damages for past and future lost earnings with reasonable

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Gap in treatment analyzed

Lambropoulos v Gomez, 2018 NY Slip Op 08118 (2d Dept. 2018) In opposition, however, the plaintiff submitted evidence sufficient to raise a triable issue of fact as

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Mr. Ortega, why did you lie to us?

Ortega v Healthcare Servs. Group, Inc., 2018 NY Slip Op 07568 (4th Dept. 2018) (1) “Plaintiffs commenced this action seeking damages for injuries Rose Ortega (plaintiff) allegedly

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