Search for: "Affidavit of Facts"
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21 Dec 2006, 12:45 pm
The affidavits of merit requirement obligates plaintiffs to engage in extensive pre-trial discovery to obtain the facts necessary for an expert to render an opinion resulting in most medical malpractice causes being settled out of court during discovery. [read post]
11 Aug 2010, 3:46 am
’s practice rule to provide an affidavit of facts in dispute it is the defendant’s burden to show a fact dispute to get an evidentiary hearing. [read post]
12 Jul 2015, 8:15 pm
The attorney for the defendant states, in a reply affidavit dated August 29, 2007, this affidavit is submitted in response to the plaintiff's opposition papers, further support of the defense motion for summary judgment pursuant to CPLR 3212, and in opposition to the plaintiff's cross motion for summary judgment which also seeks leave to file an amended complaint. [read post]
24 Nov 2020, 12:55 pm
The court stated, though, that the plaintiff’s expert report raised triable issues of fact with respect to the defendant’s expert’s averments. [read post]
5 Mar 2014, 1:02 pm
Regardless of the fact that you attempt to remain anonymous, all JTAN account Terms and Conditions remain in effect. [read post]
28 Mar 2021, 3:47 pm
The facts may be hotly contested. [read post]
30 Mar 2018, 4:05 am
Andrew’s affidavit was sufficient to raise a question of fact as to whether the defendant engaged in a course of continuous representation intended to rectify or mitigate the initial act of alleged malpractice (see Melnick v Farrell, 128 AD3d 1371, 1372 [2015]; DeStaso v Condon Resnick, LLP, 90 AD3d 809, 812-813 [2011]; Gravel v Cicola, 297 AD2d 620, 621 [2002]). [read post]
4 Nov 2009, 10:42 am
Lengthy affidavits were provided. [read post]
28 Nov 2019, 3:15 pm
In opposition, however, the plaintiff raised a question of fact regarding the issue of whether the care provided by defendants was appropriate. [read post]
10 Mar 2011, 6:17 am
Third, the affidavit did not provide any descriptive facts consistent with the full control allegation. [read post]
29 May 2007, 3:59 am
Affidavit: Written statement of facts; the person who signs the affidavit swears an oath that the information given is true. [read post]
31 Mar 2014, 12:36 pm
The fact that the affidavit had not been served until shortly after the complaint was filed did not result in any prejudice to the defendants because simply having to proceed with the case or the passage of time could not, on their own, constitute prejudice. [read post]
25 Jun 2014, 7:30 am
Fourth, the affidavits did not concern controversial matters. [12] In the circumstances of this case, I attach no lesser weight to the testimony at Trial of the three witnesses by virtue of the fact that they had all sworn affidavits prior to testifying. [read post]
28 Mar 2009, 4:50 pm
In fact, it took the wife of one resident to complain to police and according to a court affidavit: the elderly male victim repeatedly complained that Pearl stripped off his clothes and touched him inappropriately, spit in his face and threatened to hurt him The victim has trouble sleeping now and can't even calm down. [read post]
1 May 2012, 4:39 am
The usual result after the paperwork is filed and the judge has reviewed the complainant's application for an order of protection and affidavit about the facts which lead to the request is to grant a Temporary Order of Protection from Abuse. [read post]
17 Aug 2012, 4:22 am
The government, however, satisfied its burden of showing probable cause in the remaining information in the affidavit on informant hearsay. [read post]
28 Jan 2009, 11:21 am
Our review of relevant precedent indicates that these facts are too broad and generalized to support the district court's conclusion. [read post]
14 Feb 2018, 10:57 am
The Facts of the Case The plaintiff was the representative of a resident of the defendant nursing home who was admitted to the facility with a diagnosis of dementia. [read post]
22 Jan 2009, 6:32 pm
In DENYING both motions, Rensselaer County Supreme Court Justice Michael Lynch held: (1) the water damage exclusion did not apply because that exclusion has been held to exclude only damage from natural causes or phenomenon, and not damage caused by defective municipal water supply systems; (2) the policy was ambiguous as to coverage for "sinkhole collapse"; the policy definition required a subterranean void caused by the action of water on a… [read post]
15 Jun 2009, 6:50 am
In REVERSING the plaintiff's judgment, the Second Department held that Eveready had created a triable issue of fact on its alleged non-receipt of the money judgment by submitting "a sworn denial of receipt and an affidavit of an employee with personal knowledge regarding the defendant's regular practices and procedures in retrieving, opening, and indexing its mail and in maintaining its files on existing claims. [read post]
