WHEN INJURY IS CAUSED BY SIDEWALK PORTION OF DRIVEWAY, BURDEN IS ON LANDOWNER TO PROVE LACK OF NEGLIGENCE Adorno v. Carty and City of New York (Index No....
779
Lawrence Rogak
therogakreport
Dec 2, 2005 2:26 pm
LIVERY EXCLUSION FORMS VALID BASIS FOR DISCLAIMER; INSURER GIVEN TIME TO INVESTIGAE BEFORE DISCLAIMING Winifred Halloway v. State Farm Insurance Companies...
780
Lawrence Rogak
therogakreport
Dec 4, 2005 8:11 pm
LANDLORD WHO HAS NO KNOWLEDGE OF TENANT'S DOG IS NOT LIABLE FOR BITE Quezada v. New Venture Realty Corp., NYLJ 12/05/05 (Supreme Court, New York County)...
781
Lawrence Rogak
therogakreport
Dec 6, 2005 5:13 pm
PLAINTIFF WHO DOES NOT MOVE FOR DEFAULT JUDGMENT WITHIN 1 YEAR MUST OFFER REASONABLE EXCUSE OR SEE CASE DISMISSED Kay Waterproofing Corp. v. Ray Realty Fulton...
782
Lawrence Rogak
therogakreport
Dec 7, 2005 6:31 pm
JAILED PLAINTIFF MUST TAKE STEPS NECESSARY TO APPEAR AT 50-H HEARING OR HIS COMPLAINT WILL BE DISMISSED Daniel Zapata v. County of Suffolk (Index No. 30349/02)...
783
Lawrence Rogak
therogakreport
Dec 7, 2005 9:01 pm
Dear Readers: Did you know that you can look up the address and phone numbers of every Supreme, Civil, District, County and City Court in the State of New York...
784
Lawrence Rogak
therogakreport
Dec 8, 2005 6:13 pm
"MALLELA" CASE DOES NOT APPLY TO CLAIMS ARISING UNDER "OLD" NO-FAULT REGULATIONS, SO DEFECTIVE LICENSING IS NO BAR TO PAYMENT Multiquest PLLC v. Allstate Ins....
785
Lawrence Rogak
therogakreport
Dec 9, 2005 8:48 pm
FIRE INSURER'S FAILURE TO SEND ALL REQUIRED PROOF OF LOSS FORMS TO CLAIMANT EXCUSES LATENESS IN FILING Yiu Win Corp. v. North Country Ins. Co., NYLJ 12/09/05...
786
Lawrence Rogak
therogakreport
Dec 11, 2005 3:08 pm
NO-FAULT REGULATIONS PERMIT ARBITRATORS TO RAISE ISSUES ON THEIR OWN IF THEY DEEM IT RELEVANT TO MAKING AN AWARD 563 Grand Medical, P.C. v. New York State...
787
Lawrence Rogak
therogakreport
Dec 12, 2005 6:40 pm
IMPROPERLY LICENSED MEDICAL PROVIDER CANNOT RECOVER NO-FAULT BENEFITS EVEN UNDER "OLD REGS" A.T. MEDICAL, P.C., a/a/o Malik Corbin v. STATE FARM MUTUAL...
788
Lawrence Rogak
therogakreport
Dec 14, 2005 6:51 pm
ABSENCE OF SPECIAL RELATIONSHIP BETWEEN SCHOOL DISTRICT AND STUDENT RESULTS IN NO LIABILITY FOR CHILD STRUCK BY CAR Drew Vandewinckel v. Northport/East...
789
Lawrence Rogak
therogakreport
Dec 15, 2005 6:32 pm
IN FIRST PARTY COVERAGE FOR PROPERTY DAMAGE, NEIGHBOR'S "FAULTY WORK" DOES NOT TRIGGER THAT EXCLUSION 11 Essex Street Corp. v. Tower Ins. Co. of New York, NYLJ...
790
Lawrence Rogak
therogakreport
Dec 16, 2005 3:59 pm
IF THERE IS ANY QUESTION AS TO WHETHER PREMISES OWNER HAD NOTICE OF ICE OR SNOW ON GROUND, SUMMARY JUDGMENT MUST BE DENIED Hensch v. Sunrise Promenade...
791
Lawrence Rogak
therogakreport
Dec 20, 2005 3:01 am
PARATRANSIT COMPANIES WITH MTA CONTRACTS ARE COVERED BY SAME STATUTE OF LIMITATIONS AS THE MTA Stekolschik v. Star Cruiser Transportation Inc., Index No....
792
Lawrence Rogak
therogakreport
Dec 20, 2005 6:27 pm
"OPEN RUN" DEFENSE APPLIES TO RAILROAD WHEN TRAIN STRIKES PEDESTRIAN IN BROAD DAYLIGHT Gaetano Catapano v. Long Island Rail Road (Index No. 16415/00) (2d Dept...
793
Lawrence Rogak
therogakreport
Dec 22, 2005 3:53 pm
WHEN PLAINTIFF'S OWN TESTIMONY ESTABLISHES DEFENDANT'S LACK OF NOTICE OF A HAZARD, DEFENDANT GETS SUMMARY JUDGMENT Torain v. Labiner, NYLJ 12/22/05 (Civil...
794
Lawrence Rogak
therogakreport
Dec 23, 2005 7:10 pm
An Order To Show Claus copyright 1998, 2005 Lawrence N. Rogak Up at the North Pole Twenty-fourth of December Was shaping up well As a night to remember The...
795
Lawrence Rogak
therogakreport
Dec 27, 2005 1:13 pm
NO-FAULT PLAINTIFF CANNOT AMEND PROOF OF CLAIM TO CORRECT DEFECTS AFTER LITIGATION BEGINS; "INDEPENDENT CONTRACTOR" DEFENSE IS NOT WAIVED EVEN IF NOT CONTAINED...
796
Lawrence Rogak
therogakreport
Dec 29, 2005 7:54 pm
IF NO-FAULT BENEFITS ARE EXHAUSTED BY PAYING BILLS FOR LATER TREATMENT WHILE VERIFICATION IS PENDING FOR EARLIER TREATMENT, EARLIER BILLS GO UNPAID Nyack...
797
Lawrence Rogak
therogakreport
Dec 30, 2005 1:05 am
A Rogak Report reader asks: "In a no-fault claim, who do I have to send the IME scheduling letters to if the claimant has an attorney? To the claimant only? ...
798
Lawrence Rogak
therogakreport
Jan 1, 2006 2:05 am
ATTENDANCE AT SOME IME'S BUT NOT OTHERS PROVES THAT CLAIMANT RECEIVED ALL IME LETTERS; CHALLENGE TO SIGNATURES ON ASSIGNMENT OF BENEFITS REQUIRES VERIFICATION...
799
Lawrence Rogak
therogakreport
Jan 3, 2006 9:48 pm
BUS OPERATOR HAS DUTY TO LET PASSENGERS OFF IN A SAFE PLACE Elizabeth Frett v. New York City Transit Authority (Index No. 11958/98) (2d Dept 2005) Plaintiff...
800
Lawrence Rogak
therogakreport
Jan 4, 2006 3:44 pm
"MALELLA" DOES NOT APPLY RETROACTIVELY, SAYS THIS COURT; FAULTY LICENSING NO BAR TO NO-FAULT RECOVERY Multiquest PLLC v. Allstate Ins. Co., NYLJ 01/04/06...
801
Lawrence Rogak
therogakreport
Jan 6, 2006 4:52 pm
OUTDOOR CAFE'S USE OF SIDEWALK CREATES ISSUE OF FACT AS TO WHETHER IT IS RESPONSIBLE FOR DEFECT Lucciola v. City of New York, NYLJ 01/06/06 (Supreme Court, New...
802
Lawrence Rogak
therogakreport
Jan 9, 2006 5:25 pm
COURT IMPOSES 6-MONTH LIMIT ON DAMAGES FOR AIDS PHOBIA IF TEST RESULTS ARE NEGATIVE Ornstein v. New York City Health and Hospitals Corp., NYLJ 01/09/06 (1st...
803
Lawrence Rogak
therogakreport
Jan 12, 2006 7:45 pm
EVIDENCE THAT HOME'S RAIN GUTTERS DIRECTED SNOW MELT ONTO DRIVEWAY CREATES QUESTION OF FACT AS TO CONSTRUCTIVE NOTICE OF ICY PATCH Theresa Schmidt v. Thomas...
804
Lawrence Rogak
therogakreport
Jan 13, 2006 9:58 pm
A client of my firm poses a good question: When an insurance carrier seeks to disclaim coverage, should it (a) issue a disclaimer (b) commence a DJ action (c)...
805
Lawrence Rogak
therogakreport
Jan 16, 2006 3:49 pm
Does a workers compensation insurer (or self-insurer) have a right to recover WC medical and lost wage benefits from the no-fault carrier of a vehicle in which...
806
Lawrence Rogak
therogakreport
Jan 17, 2006 6:14 pm
UM CLAIMANT'S FAILURE TO RETURN PROOF OF CLAIM FORM IS NO BASIS TO DISCLAIM AS LONG AS TIMELY NOTICE WAS GIVEN TO INSURER In the Matter of the arbitration...
807
Lawrence Rogak
therogakreport
Jan 19, 2006 5:10 am
PROVIDING DEFENSE WITHOUT A RESERVATION OF RIGHTS DOES NOT INVALIDATE DISCLAIMER FOR NON-COVERAGE BASED ON INFORMATION LEARNED LATER Federated Department...
