AIRLINE PASSENGER'S CLAIM FOR LOST LUGGAGE IS LIMITED BY TERMS OF CONTRACT Finestone v. Continental Airlines, Inc., 759 N.Y.S.2d 623 (App. Term 2003) Plaintiff...
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therogakreport
Dec 3, 2003 5:03 am
NO CAUSE OF ACTION EXISTS FOR TRIPPING ON SIDEWALK CELLAR DOOR HASP LOCATED NEAR BUILDING LINE Rosario v. Sebco I. Associates LP, 761 NYS2d 607 (1st Dept 2003)...
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therogakreport
Dec 4, 2003 4:10 am
30-DAY RULE FOR DENYING NO-FAULT BILLS DOES NOT APPLY IF COURT FINDS THAT ACCIDENT WAS FRAUDULENT A.B. Medical Services PLLC a/a/o Yuriy Ozerov et al. v. State...
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therogakreport
Dec 5, 2003 3:47 pm
Diagnostic Rehab Medicine Serv. PC v. Republic Western Insurance Co., NYLJ 12/02/03 (Civil Court, Kings County) (BATTAGLIA, j.) In these 6 consolidated...
84
therogakreport
Dec 7, 2003 9:00 pm
12-YEAR-OLD GIRL ARRESTED FOR EATING A FRENCH FRY IN A SUBWAY STATION; ARREST HELD VALID, TRANSIT AUTHORITY NOT LIABLE Hedgepeth v. Washington Metropolitan...
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therogakreport
Dec 9, 2003 3:19 am
NO FAULT DEPOSITION NOT ALLOWED UNLESS INTERROGATORY ANSWERS ARE SHOWN TO BE INADEQUATE Zlatnick a/s/o Abramov v. GEICO, NYLJ 12/08/03 (Civil Court, Queens ...
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julia_delgatto
Dec 10, 2003 12:46 am
Re:NO FAULT DEPOSITION NOT ALLOWED UNLESS INTERROGATORY ANSWERS ARE SHOWN TO BE INADEQUATE Rogak cited: "The number of Motions [in no fault cases] will...
87
therogakreport
Dec 10, 2003 2:28 pm
GO FIGURE: COURT HOLDS THAT MEDICAL PROVIDER MUST APPEAR FOR DEPOSITION IN NO-FAULT CASE Albatros Medical PC a/a/o Allison Gooding et al. v. GEICO, 766 NYS2d ...
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therogakreport
Dec 10, 2003 3:02 pm
The following article appears in the December 8, 2003 issue of FORTUNE magazine (thanks to Ron Vianu for the link): Inside Operation Boris It looked like a...
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Ron
rvianu
Dec 10, 2003 3:03 pm
http://www.fortune.com/fortune/articles/0,15114,549095,00.html I finally got around to reading this article. My response to their "discovery" of "no-fault...
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deg630
Dec 10, 2003 10:54 pm
I had previously posted a query to the group members regarding a database of providers/runners etc., indicted on insurance fraud. Well this week I sent an...
91
therogakreport
Dec 12, 2003 1:52 am
JURY PROPERLY CONSIDERED PLAINTIFF'S PRE-EXISTING INJURIES IN MAKING LOW DAMAGE AWARD Perry v. Manoco Corp. et al., 766 NYS2d 422 (1st Dept 2003) Plaintiff...
92
therogakreport
Dec 12, 2003 4:15 pm
TRANSIT AUTHORITY IS NOT RESPONSIBLE FOR PAVEMENT DEFECT IN "BUS LANE" ON CITY STREET Towbin v. City of New York et al., 765 NYS2d 242 (1st Dept 2003) ...
93
glemieszewski
Dec 13, 2003 2:03 am
I HAVE READ MANY MESSAGES AS TO THE ISSUES OF PROVIDERS AND WHETHER THEY ARE ENGAGED IN SOME FORM OF "ENTERPRISE CORRUPTION"...SEND ME YOUR QUESTIONS, BE AS...
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julia_delgatto
Dec 14, 2003 4:54 pm
deg630 wrote on Wed Dec 10, 2003 3:48 pm: "I had previously posted a query to the group members regarding a database of providers/runners etc., indicted on...
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glemieszewski
Dec 15, 2003 12:46 am
Dear Julia - I have watched many messages regarding the value of some form of "magic bullet" database to aid examiners in their determinations as to whether...
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therogakreport
Dec 15, 2003 12:47 am
(There are two cases in today's newsletter. Be sure to scroll down to see both.) FAILURE TO TAKE DEFAULT AGAINST ADVERSE PARTY IS NOT LEGAL MALPRACTICE IF...
97
julia_delgatto
Dec 16, 2003 2:36 pm
On Mon, 15 Dec 2003 glemieszewski wrote: Re: Glem's New Topic: Julia Delgatto -vs-Questionable providers Me against the mob? Gee, I feel like Elliot Ness. :-) ...
98
therogakreport@...
therogakreport
Dec 16, 2003 6:25 pm
BUS PASSENGER'S SEXUAL ASSAULT CLAIM AGAINST DRIVER FAILS TO PRODUCE A JURY VERDICT AGAINST BUS COMPANY Borden v. Capital District Transportation Authority,...
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therogakreport@...
therogakreport
Dec 17, 2003 3:54 pm
ATTORNEY FILES SEIZED DURING AUTO FRAUD INVESTIGATION ARE NOT SHIELDED BY ATTORNEY-CLIENT PRIVILEGE United States v. Kaplan, NYLJ 12/09/03 (USDC-DCNY) The...
100
therogakreport
Dec 18, 2003 5:11 pm
LACK OF WARNING ON LAB COAT AS TO ITS FLAMMABILITY MAKES OUT A PRIMA FACIE PRODUCTS LIABILITY CASE Weigl v. Quincy Specialties Co. et al., 766 NYS2d 428 (1st...
101
deg630
Dec 18, 2003 5:12 pm
Good to hear from you Julia, and I agree with your response. My point however was not so much the `magic bullet' theory or even that each company should stay...
102
therogakreport
Dec 19, 2003 3:42 pm
There are several cases reviewed in today's Rogak Report. Be sure to scroll down to see all of them. JURY'S AWARD IN FELA CASE OF $1.1 MILLION FOR BACK INJURY...
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TheRogakReport@yahoog...
Dec 19, 2003 4:52 pm
The following TheRogakReport poll is now closed. Here are the final results: POLL QUESTION: A New York court has held that a surviving partner from a same-sex...
104
TheRogakReport@yahoog...
Dec 19, 2003 4:52 pm
The following TheRogakReport poll is now closed. Here are the final results: POLL QUESTION: When using outside defense counsel, what is your preferred billing...
105
therogakreport
Dec 22, 2003 3:04 pm
WHY SANTA CAN'T GET INSURANCE by Lawrence N. Rogak 'Tis the season of giving Greeting cards line the foyer Of that champion of "rights," Ye olde negligence...
106
therogakreport
Dec 23, 2003 4:44 pm
STALLED CAR WITH FLASHERS ON IS "IN USE," AND SNOWMOBILER WHO COLLIDES WITH IT GETS NO-FAULT BENEFITS Trentini v. Metropolitan Property and Cas. Ins. Co., 767...
107
natsa49
Dec 23, 2003 9:50 pm
Please accept with no obligation, implied or implicit our best wishes for an environmentally conscious, socially responsible, low stress, non-addictive, gender...
108
therogakreport
Dec 24, 2003 6:09 pm
COURT OF APPEALS SAYS SCAFFOLD LAW IS NOT A "STRICT LIABILITY" STATUTE; NO LIABILITY WHERE PLAINTIFF IS SOLE CAUSE OF ACCIDENT Blake v. Neighborhood Housing...
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TheRogakReport@yahoog...
Dec 25, 2003 1:50 am
Enter your vote today! A new poll has been created for the TheRogakReport group: How useful do you find THE ROGAK REPORT to be in your daily work? o Extremely...