Category: For Attorneys

In State Farm v. Domotor 266 A.D.2d 219 (2nd Dept. 1999) the court held that after the no-fault carrier issues a denial of payment there is no need for the medical provider to send bills to the carrier. After the denial the provider can later litigate or arbitrate the bills for services provided after the […]

A.        How Jurors Learn – Structuring Your Case Theory   From your initial interview with the client, you should begin thinking about your discussion with the jury. What are the strengths/weaknesses to be addressed? One good tool is reducing the substance of your case to one sentence. Think of a tweet which describes the […]

In Tone v. Song Mountain Ski Center (Fourth Department January 2014), the appellate court reversed the trial court’s dismissal of plaintiff’s personal injury action for injuries caused while on a ski lift. The plaintiff sustained injuries while using a triple chair left at defendant’s facility. Defendant claimed that plaintiff assumed the risk of her injuries in […]

In Herbst v. Marshal, 4th Dept 2011 (CA 11-00326) the Fourth Department upheld the lower Court’s ruling to set aside a jury verdict in favor of the defendant as against the weight of the evidence based on the jury’s finding that the crash was not a substantial factor in causing an injury to plaintiff. The first […]

In Thompson v. Mather, 70 A.D.3d 1436 (4th Dept. 2010) the Court held that an attorney for a non-party witness does not have a right to object to questions asked of his client, or otherwise participate at a deposition. The Court held that CPLR 3113(c) provides that the examination and cross examination of deposition witnesses shall […]

As an attorney who practices law involving attorney employment agreements, I have read many cases where the contract is unenforcable because in impinges on the clients’ right to freely chose their counsel.  Attorney employment agreements are unenforcable that state that when an attorney leaves a firm and takes firm clients with her,  the departing attorney’s […]

In Feggins v. Fagard, 52 AD 3d 1221 (4th Dept. 2008) the Court held that in response to a threshold motion plaintiff may rely on unsworn reports and uncertified medical records submitted by defendants or simply referenced in the submitted reports of defendant’s examining physicians.      As a practicing personal injury attorney in Buffalo, I […]

Often times law firm employment contracts will set forth the amount of the fee the departing attorney is entitled to should current clients go with a departing attorney when she leaves. The amount can never be contingent upon whether or not she informed her clients that she is leaving. She has an ethical obligation to do […]

In Sue/Perior Concrete & Paving v. Lewiston Golf Course Corporation,  (4th Dept. 2013) the court held that “The central question on this appeal is whether defendant Lewiston Golf Course Corporation (LGCC), a corporation formed under the laws of the Seneca Nation of Indians (Nation or SNI), is protected by the Nation’s sovereign immunity. Contrary to […]