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12 May 2009, 5:46 am
Here, plaintiffs’ claims regarding defendants’ alleged post-plan misfeasance are not preempted. [read post]
30 Oct 2010, 9:49 am by JT
Balcom v Reither, 2010 NY Slip Op 07701 (2d Dept. 2010) “The plaintiffs contend that the Supreme Court erred in granting those branches of the defendants’ motion which were to strike those portions of the plaintiffs’ expert witness disclosure pertaining to a certain biomedical engineer on the grounds that his testimony will be cumulative of other [...] [read post]
25 Mar 2011, 12:45 pm by JT
Term 1st Dept. 2011) “In this action by plaintiff-provider to recover assigned first-party no-fault benefits, defendant MVAIC’s motion for summary judgment dismissing the claim based on plaintiff’s failure to establish that its assignor qualified for MVAIC coverage, was properly denied (see Matter [...] [read post]
10 Nov 2011, 6:46 pm by JT
Defendant did not present evidence of mailing sufficient to create a presumption that plaintiff received the November 2008 amended [...] [read post]
15 Dec 2009, 2:52 pm by dbader1
Here’s a case that plaintiff’s personal injury lawyers have been hoping for:  Howell v. [read post]
5 Apr 2011, 7:07 am by JT
Contrary to plaintiffs’ contention, defendants were not required to demonstrate [...] [read post]
24 Jul 2023, 5:50 am by Dan Tokaji
CBS News, on a civil rights complaint with some pretty shocking allegations: Patrick Braxton, 57, is one of several plaintiffs named in Braxton et al v. [read post]
21 Feb 2011, 8:05 am by JT
The plaintiff demonstrated that traveling from [...] [read post]
21 Nov 2011, 9:34 am by JT
., 2011 NY Slip Op 08330 (2d Dept. 2011) “Given the limited nature of the plaintiff’s motion for summary judgment, which established the plaintiff’s prima facie entitlement to judgment as a matter of law solely on the ground that the defendant did not pay or deny [...] [read post]
23 May 2010, 6:43 pm by JT
The Civil Court denied the motion, and this appeal by plaintiff ensued. [read post]
18 Oct 2010, 2:48 pm by JT
Term 2d Dept. 2010) “Defendant argued that the default judgment had been obtained through plaintiff’s fraud, misrepresentation or misconduct since the claim forms plaintiff had annexed to its motions contained handwritten notations which were not on the original claim forms included [...] [read post]
12 Nov 2011, 12:26 pm by JT
Djeddah v Williams, 2011 NY Slip Op 07939 (1st Dept. 2011) “Excerpts from the father’s medical records, which were prepared by defendant and disclosed to plaintiff and her mother in an action in which the father was a party, tend to substantiate plaintiff’s allegations that she reported the abuse to defendant. [read post]
18 Mar 2010, 5:35 pm by JT
Term 2d Dept. 2010) “The denial of claim form adequately advised plaintiff, pursuant to Insurance Department Regulations (11 NYCRR) § 65-3.3 (e), that late submission of the claim would be excused if plaintiff provided a reasonable justification for [...] [read post]
18 Mar 2010, 4:47 pm by JT
Term 2d Dept. 2010) “In opposition to defendant’s cross motion, plaintiff [...] [read post]
23 May 2010, 6:21 pm by JT
Term 2d Dept. 2010) “Appeal from an order…granting plaintiff’s cross motion for summary judgment, awarded plaintiff the principal sum of $4,250.90. [read post]