FOURTH DEPARTMENT UPHOLDS DENAIL OF DEFENDANT’S SUMMARY JUDGMENT MOTION FOR REAR-END CRASH
- June 5
- For Attorneys
In Lyins v. Zieman, May 2013, the Fourth Department upheld the lower Court's ruling denying defendant's motion for summary judgment regarding a rear-end crash. The defendant claimed that he should be let out of the case as he proved that his brakes failed. The Court held th... CONTINUE READING
FOURTH DEPARTMENT HOLDS NO VIDEO ALLOWED FOR “NPE”
- May 7
- For Attorneys
In Flores v. Vescera, (4th Dept. April 2013) the plaintiff appealed from a protective order that denied her demand to videotape a neuropsychological evaluation (NPE). The Curt held that there is no express statutory authority to videotape medical examina... CONTINUE READING
FOURTH DEPARTMENT UPHOLDS LABOR LAW SLIP AND FALL SUMMARY JUDGMENT FOR PLAINTIFF
- April 24
- For Attorneys
In Thompson v. 1241 PVR, LLC , a labor law case Plaintiff fell on ice and snow that had accumulated on the floor of the building where he was framing interior walls before a proper roof or windows were installed. Defendants contended on appeal that Supreme Court erred in granting plaintiff’s moti... CONTINUE READING
SUN GLARE DOES NOT ALWAYS PROVIDE BASIS FOR EMERGENCY DOCTRINE
- March 21
- For Attorneys
As a Buffalo and Western New York personal injury attorney I have to stay on top of the most recent case law. Oftentimes a defendant in a motor vehicle crash will claim that they are not responsible because they are blinded by the sun. The Court of Appeals addressed this issue in... CONTINUE READING
FEES FOR DEPARTING ATTORNEY MUST BE FAIR
- March 19
- For Attorneys
As a Buffalo and Western New York attorney that deals with ethical issues, I am often asked how a firm divides fees when an attorney leaves the firm and continues to represent former firm clients. In Russo v. City of New York 48 A.D.3d 520 (2nd Dept. 2008) the Court held that, “Where there is a fee dispute between attorneys,... CONTINUE READING
LAW REGARDING PROPER NO-FAULT SUBMISSIONS AND DENIALS FOR PEER REVIEWS
- March 7
- For Attorneys
An applicant establishes a prima facie showing of its entitlement to No-Fault benefits as a matter of law by submitting evidentiary proof that the prescribed statutory billing forms had been mailed and received and that payment of No-Fault benefits were overdue. Sunshine Imaging Association/WNY MRI v. Government Employees Ins. Co., 66 A.D.3d 1419, 885 N.Y.S.2d 557(4th Dept. 20... CONTINUE READING
EMPLOYMENT AGREEMENTS AND THE RULES OF PROFESSIONAL CONDUCT
- March 7
- For Attorneys
As the attorney that successfully handled Becker v. Cellino & Barnes, P.C. regarding ethical considerations in employment agreements, I have come across many cases in my research in which the agreements involved&... CONTINUE READING
ADMISSIBILITY OF CERTAIN DOCTOR TESTIMONY STILL UNCERTAIN IN NEW YORK
- March 5
- For Attorneys
As an injury attorney in Buffalo and Western New York that has been to many trials, the admissbility of the testimony plaintiff's treating doctors often is an issue. It is clear that a plaintiff's treating physican can testify that he relied on the finding contained in the medical records of plaintiff's other treating physicans, who are not testifying at trial, in forming his own opinions. T... CONTINUE READING
NO NEED FOR PROVIDER TO CONTINUE SENDING BILLS AFTER NO-FAULT DENIAL
- February 22
- For Attorneys
In New York Hosp. v. Country-Wide, it was held that after the carrier denies a no-fault claim because the carrier's doctor claims that no further care is needed, a provider need not continue sending in bills to later establish a claim for payment. In other words, the carrier cannot later deny payment for failure to submit medical proofs of clai... CONTINUE READING
SERVICE OF PROCESS IN CANADA CAN BE DONE BY REGULAR MAIL
- February 11
- For Attorneys
As injury attorneys in Buffalo and Western New York we represent many clients who have sustained injuries due to motor vehicle accidents involving someone from Canada. Sometimes the responsible parties live in Canada and must be served process in Canada. Those potential defendants must be served with a summons and complaint, but how is service in Canada from the U.S. to... CONTINUE READING
NO RECOVERY, NO FEE
