Zapata v Yugo J & V, LLC, 2020 NY Slip Op 02687 (3d Dept. 2020) “Turning to the issue of damages, we reject Yugo’s contention that Supreme Court erred in not requiring expert testimony to prove plaintiffs’ damages. Generally speaking, “expert testimony is appropriate when it serves to clarify an issue that is beyond the […]
Gomez v Cabatic, 2018 NY Slip Op 00278 (2d Dept. 2018) “On consideration of the above authority, we now hold that where, as here, a plaintiff recovers compensatory damages for a medical professional’s malpractice, a plaintiff may also recover punitive damages for that medical professional’s act of altering or destroying medical records in an effort […]
Johnson v Robertson, 2015 NY Slip Op 06658 (2d Dept. 2015). Moreover, “[p]roof of damages may be based solely on oral testimony as long as the witness has knowledge of the actual costs” (Electronic Services. Intl. v. Silvers, 284 A.D.2d 367, 368, 726 N.Y.S.2d 441). The record demonstrates that the Robertson defendants, who had 20 years […]
Arzu v NYC Tr. Auth., 2012 NY Slip Op 22008 (Civ. Ct. Kings Co. 2012) The last thorny issue in PIP practice that has not gotten much attention: 65-3.9(d). This is the toll of interest that applies when a plaintiff lets a case sit in limbo ad finitium. As we all know, interest accrues at […]
Corona Hgts. Med., P.C. v Liberty Mut. Ins. Co., 2011 NY Slip Op 21130 (App. Term 2d Dept. 2011) “Where, as here, a defendant has not established the proper mailing of the denial of claim form, the claim is considered not to have been denied and payment of benefits will therefore be considered to be […]
This “default” case is quite strange. SZ Med., P.C. v Lumbermens Mut. Cas. Co., 2010 NY Slip Op 20044 (App. Term 2d Dept. 2010). The majority and the dissent have a different take on the facts and circumstances of this matter. At its core, this case involves a summary judgment victory on default, where the […]