A Useful Change
As of November 16, 2009, the new General Obligations Law sec. 5-335 took effect. In and among other provisions, the new law bars private health care insurance providers from asserting subrogation...
View ArticleSomething to remember….
There are so many issues to unravel as the personal injury practitioner picks up a file for the first time. Liability must be analyzed, damages to be valued, witnesses to be contacted, medical records...
View ArticleAn Open Question….
Here come the facts: A worker – your client - was in the normal course and scope of his employment driving his personally owned vehicle from one place to the next. A driver, chatting on his...
View ArticleVerdict on Summary Jury Trial
Any personal injury jury trial is, by definition, labor intensive and expensive. Not only must counsel prepare for and deal with the “x’s and o’s” of trial, but he or she must also deal with the...
View ArticleIn Dep Prep – You ain’t the normal one….
I wonder how many depositions I’ve completed over the past 15 years of civil litigation practice – Hundreds, no doubt; have I reached 1000? There was a time when I remembered each as its own event: The...
View ArticleThe Bride and Groom
Years ago a venerable Justice of the Ulster County Supreme Court laughed, nearly out loud, as I carefully unwound my client’s tale of woe. Painful injuries significantly and permanently altering the...
View ArticleReally, does it matter?
How many times during deposition has your client been asked: “What type of shoes were you wearing at the time of your fall?”, “Do you still have them?”. How many times in the history of New York...
View ArticleInterminable Wait
A claim only resolves when it is “ripe” and not a moment before. Unfortunately, there is no bright line rule from which one may decipher a file’s “ripeness” and there is certainly no practicable time...
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