Category Archive for: ‘Decisions of Note’
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Appealing No Fault Arbitration Awards
11 NYCRR 65-4.10 codifies the standard of review of a No Fault Arbitration award by a Master Arbitrator. An award by an arbitrator rendered pursuant to section 5106(b) of the Insurance Law and section 65-4.4 or 65-4.5 of this Subpart may be vacated or modified …
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Is There A Duty To Prune?
Can a Homeowner be sued for failing to trim their tree which obscures the view of a stop sign? The answer is, it depends where you live. The rule in New York is that: “The municipality has a duty to maintain its roads and highways …
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Over $5 Million for 34 Year Old Plaintiff Affirmed on Appeal
What would be considered reasonable damages in Suffolk County for a 34 years old plaintiff who underwent a laminectomy and spinal fusion surgery? Would anyone answer $5,837,591.36? Take a look at Kowalsky v County of Suffolk decided on May 18, 2016 by the Appellate Division, …
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The Anti-Subrogation Rule
On May 5, 2016, the New York Court of Appeals in Millennium Holdings LLC v. Glidden Co., addressed the extension of the New York Anti-subrogation rule to third parties who are not covered by the insurance policy. In rejecting the extension in this case, based …
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What Kind of Guy Would Sue His Own Mother?
See Giordano v Giordano (2016 NY Slip Op 04177) decided on June 1, 2016 by the Appellate Division, Second Department. In this case the Plaintiff went into the garage at his mother’s house to obtain Christmas decorations from the garage attic. A ladder had already …
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IME Watchdog v. Baker, McEvoy, Morrissey & Moskovits, P.C.
IME Watchdog advertises themselves as follows: “an innovative company poised to arm plaintiff’s’ firms with a new defensive weapon against insurance companies and their IME hired guns. In the event that defendant files a motion to dismiss based on a ‘serious injury’threshold, the Watchdog Advocate …
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The Danger Invites Rescue Doctrine
A U.S. Mail truck stops in the right lane of the North Service Road of the Long Island Expressway approximately 300 feet east of Roslyn Road on Thursday, September 10, 2011, at 5:52 a.m. The postal truck driver gets out of his truck to assist …
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Breaching The Serious Injury Threshold
A dismissal order against a plaintiff for failure to sustain a serious injury within the meaning of Insurance Law ยง 5102(d) as a result of a motor vehicle accident stands as the law of the case, precluding the plaintiff from proceeding against all defendants, whether …