By Lawrence N. Rogak. The statutory rate of interest on judgments in New York is 9% annually (CPLR 5004). The interest rate on unpaid NY PIP bills is 24% annually (Insurance Law 5106(a)). So if a...
By Marc H. Pillinger. We have always advised our carriers to disclaim coverage “as soon as practicable” and not rely on Reservation of Rights letters when dealing with insurance coverage matters...
By Lawrence N. Rogak. New York’s Court of Appeals examined a novel question presented to it by a Federal Appeals Court: what is the effect of a judgment in small claims court in subsequent...
By Lawrence N. Rogak. New York’s Court of Appeals established a new rule as of October 22nd, 2020 for the liability of veterinarians for animal attacks which occur in their facilities: that a...
By Marc H. Pillinger. The Court of Appeals in the case of Bianca-Neto v. Boston Road II Housing Development Fund Corp., 34 N.Y.3d 1166, 121 N.Y.S.3d 753 (2020), in a 4/3 decision, has arguably used...
By Lawrence N. Rogak. Brand Medical Supply v. Unitrin Advantage Ins. Co., 2020 NY Slip Op 50687 (App Term 2d Dept) Many kinds of lawsuits require, or at least employ, expert witnesses on a wide...
By Peter M. Dunne. A Social Security Number is discoverable in a personal injury case because it is reasonably calculated to lead to admissible evidence. Claims of privacy and concerns for identity...
By Thomas M. Bona. For many years, the balance of power in Albany in the Legislature was that the Democrats controlled the Assembly and the Republicans controlled the State Senate. Although the...
By Wendy Eson and Marc H. Pillinger. In a recent decision, He v. Troon Mgmt., Inc., 2019 WL 5429374 (N.Y. Oct. 24, 2019), the Court of Appeals [reversed the First Department and] held that an...
By Lawrence N. Rogak. First Mercury Insurance Co. v State Farm Mutual Auto Ins. Co., 2019 NYSlipOp 51773 (Supreme Court, New York County) (Lebovitz, j) (10/29/2019) In this declaratory judgment...