EXPERT WHO TESTIFIES AT TRIAL NEED NOT BE THE SAME EXPERT WHO DID THE PEER REVIEW Spruce Med. & Diagnostic, P.C. a/a/o Mireya Lobo v. Lumbermen's Mut. Cas. Co....
1160
Barry Zalma
bzalma
Jun 4, 2007 4:22 pm
Isurance fraud expert, consultant and California lawyer, Barry Zalma called for consistency in sentencing of insurance fraud perpetrators in the June issue of...
1161
Lawrence Rogak
therogakreport
Jun 5, 2007 2:43 pm
TRIP AND FALL SUIT BASED ON ELEVATION DIFFERENCE IN LANDSCAPING FAILS DUE TO OPEN AND OBVIOUS CONDITION Errett v Great Neck Park Dist. 2007 NY Slip Op 04590...
1162
Lawrence Rogak
therogakreport
Jun 7, 2007 1:35 am
INSURED, CONVICTED OF FRAUD, HAS NO VIABLE THIRD-PARTY CLAIM AGAINST ADJUSTERS Crum & Foster Insurance Co. v. Goodmark Industries Inc., 05-cv-3633 (USDC -...
1163
Lawrence Rogak
therogakreport
Jun 7, 2007 3:05 pm
CONSTRUCTION WORKER'S TEMPORARY REMOVAL OF SAFETY HARNESS IS NO DEFENSE IN SUIT OVER SCAFFOLD COLLAPSE Nane v. Dormitory Authority of the State of New York,...
1164
Lawrence Rogak
therogakreport
Jun 7, 2007 9:53 pm
Cubas v. Martinez 2007 NY Slip Op 04723 Decided on June 7, 2007 Court of Appeals Smith, J. Published by New York State Law Reporting Bureau ...
1165
Lawrence Rogak
therogakreport
Jun 8, 2007 5:36 pm
COURT REJECTS COVERAGE SUIT OVER CLAIM OF DEFECTIVE PRODUCT Airolite v. Valley Forge Insurance Company, 2007 NY Slip Op 31459(u) (Supreme Court, New York Co.)...
1166
Lawrence Rogak
therogakreport
Jun 12, 2007 7:45 pm
COURT OF APPEALS SAYS EVIDENCE OF PHYSICIAN'S "HABIT" ADMISSIBLE TO INFER THAT INJECTION WAS GIVEN Rivera v Anilesh 2007 NY Slip Op 05134 Decided on June 12,...
1167
Lawrence Rogak
therogakreport
Jun 13, 2007 8:53 pm
ISSUE OF FACT AS TO WHETHER AUTO CLAIMANT WAS IN THE COURSE OF HIS EMPLOYMENT REQUIRES DECISION BY WORKERS COMP BOARD Response Equip., Inc. a/a/o Simeon Ernst...
1168
Lawrence Rogak
therogakreport
Jun 15, 2007 3:01 pm
FRAUD DOES NOT EXCUSE INSURER'S NON-COMPLIANCE WITH "30 DAY RULE", SAYS 2D DEPT Court calls billing for supplies never delivered not fraud, but just "an ...
1169
Lawrence Rogak
therogakreport
Jun 19, 2007 3:15 am
LEGAL MALPRACTICE SUIT FAILS: PLAINTIFF CANNOT SHOW THAT HER UNDERLYING DOG BITE CASE COULD HAVE BEEN WON Kim v. Goldstein, 04 Civ. 3755 (USDC-SDNY) (District...
1170
Lawrence Rogak
therogakreport
Jun 19, 2007 6:12 pm
Disbarred Personal Injury Lawyer's Suit For Fees Is Permitted to Move Forward By Mark Fass <mailto:web-editor@...> Reprinted from The New York Law...
1171
Lawrence Rogak
therogakreport
Jun 20, 2007 4:21 am
Law Firms, Insurer Sanctioned $1.25 Million Penalty Over Undisclosed WTC Document By Mark Hamblett <mailto:web-editor@...> (Reprinted from the New York...
1172
Lawrence Rogak
therogakreport
Jun 21, 2007 2:28 am
AUTOMAKER'S WARRANTY VALIDLY EXCLUDES LEMON LAW CLAIM FOR CONVERSION VAN Matter of General Motors Corp. v. Sheikh, NYLJ 6/19/07 (3d Dept 2007) G.M....
1173
Lawrence Rogak
therogakreport
Jun 21, 2007 10:59 pm
How's this for a fact to ponder: In New York, lawyers who have just passed the bar exam and been admitted to the bar can make more money as a starting salary...
1174
Lawrence Rogak
therogakreport
Jun 22, 2007 1:51 am
ILLEGAL ALIENS DO NOT QUALIFY FOR "ADDITIONAL COMPENSATION," SAYS THIRD DEPARTMENT Ronnie Ramroop v. Flexo-Craft Printing et al., No. 501026 (decided 6/21/07)...
1175
Lawrence Rogak
therogakreport
Jun 22, 2007 3:03 pm
Judicial Pay Raise Remains in Albany Limbo By Joel Stashenko <mailto:web-editor@...> (Reprinted from The New York Law Journal, June 22, 2007) The state...
1176
Barry
bzalma
Jun 22, 2007 3:04 pm
Well said, Larry. The problem is that a judge who knows he is the lowest paid lawyer in the room tends to get testy and won't help these poor novices learn ...
1177
Lawrence Rogak
therogakreport
Jun 25, 2007 6:13 pm
NO FAULT INSURER CAN RECOVER PAYMENTS MADE TO FRAUDULENTLY INCORPORATED PROVIDER, BUT ONLY POST-APRIL 2002 PAYMENTS St. Paul Travelers Ins. Co. v. Nandi, Index...
1178
Lawrence Rogak
therogakreport
Jun 26, 2007 2:11 am
The Appellate Term, First Department, issued FOUR decisions today in which they wrote the identical one-word sentence: "Defendant is entitled to discovery...
1179
Lawrence Rogak
therogakreport
Jun 26, 2007 2:05 pm
PLAINTIFF'S INJURY, CAUSED BY GLASS BROKEN BY DEFENDANTS EARLIER, TOO REMOTE FOR LIABILITY Madden v. Ceglio, NYLJ 6/26/07 (Index no. 10251/05) (Supreme Court, ...
1180
Lawrence Rogak
therogakreport
Jun 27, 2007 4:02 am
Dear Readers: What's unique about the National Anthem of Spain? It has no lyrics! The Spanish national anthem is - nowadays - known as La Marcha or The Royal...
1181
Lawrence Rogak
therogakreport
Jun 29, 2007 3:16 am
DWI Law Does Not Apply To Chemical Inhalants By Joel Stashenko <mailto:web-editor@...> [Reprinted from The New York Law Journal, June 28, 2007] ALBANY -...
1182
Lawrence Rogak
therogakreport
Jun 29, 2007 11:59 am
SECOND DEPARTMENT LOOSENS REQUIREMENT FOR CERTIFICATE OF CONFORMITY FOR OUT OF STATE AFFIDAVITS In two recent decisions from the Appellate Division, Second...
1183
Lawrence Rogak
therogakreport
Jun 29, 2007 10:51 pm
TENANT'S GUILT IN PRIOR CRIMINAL PROCEEDING LEADS TO SUMMARY JUDGMENT IN SUBROGATION SUIT FOR PROPERTY DAMAGE Lexington Ins. Co. v. Feingold, NYLJ 6/29/07...
1184
Barry Zalma
bzalma
Jul 2, 2007 5:25 pm
Friends, the July issue of Zalma's Insurance Fraud Letter and it's editorial call for taking fraud seriously and that every insurer should tell insureds or...
1185
Lawrence Rogak
therogakreport
Jul 2, 2007 6:31 pm
SALVAGE YARD'S "PULL YOUR OWN PARTS" EXCLUSION APPLIES ONLY TO CUSTOMERS Essex Insurance Company v. Roy L. Pingley and Brim Recyclers, Inc., et al., 2007 NY...
1186
Lawrence Rogak
therogakreport
Jul 3, 2007 12:14 pm
IN NEW YORK CITY, HALF-INCH DIFFERENCE BETWEEN SIDEWALK SLABS TRUMPS "TRIVIAL DEFECT" DOCTRINE, IMPOSES LIABILITY Moore v. Newport Associates LP, NYLJ 7/03/07...
1187
Lawrence Rogak
therogakreport
Jul 3, 2007 8:09 pm
WE MAKE NEW LAW: CLAIMANT'S LATE NOTICE TO TORTFEASOR'S INSURER FORFEITS UM COVERAGE Unitrin Direct Ins. Co. v. Dwyer et al. (Supreme Court, Nassau County)...
1188
Lawrence Rogak
therogakreport
Jul 6, 2007 3:49 am
OFFICE DESK IS NOT A "SCAFFOLD"; FOR PURPOSES OF WINDOW CLEANER'S INJURY SUIT Broggy v. Rockefeller Group, Inc. 2007 NY Slip Op 05775 Decided on July 2, 2007...
