Appellate

Appellate Update: The Court Of Appeals Rules That There Is No Private Right Of Action Under Public Health Law §230(11)(b) For Bad Faith Reporting To The Office Of Professional Medical Conduct

In Haar v. Nationwide Mutual Fire Insurance Company, orthopedic surgeon Dr. Haar treated four patients who were injured in automobile accidents and insured by Nationwide Mutual Fire Insurance...

MCB Wins on Appeal – Second Department Affirms Dismissal

Senior Partner Anthony Sola, Partner Matthew Frank and Partner and Head of MCB’s Appellate Department, Barbara Goldberg were successful in obtaining a dismissal for our clients in the Second...

Legislative Update: New York State Legislature Advances Two Proposed Bills Which Can Significantly Expand Liability In Medical Malpractice And Other Personal Injury Actions

On June 21, 2019, the New York State Assembly passed two proposed bills (both of which had previously passed the Senate), which if signed into law can significantly expand exposure in medical...

Appellate Update: In re B.L. v. Lawsky

Infant Allowed into Medical Indemnity Fund Where Alleged Malpractice Occurred in Prenatal Period In re B.L. v. Lawsky: The Appellate Division, First Department Reaffirms that Enrollment In the...

Appellate Alert: Hernandez-Ortiz v. 2 Gold LLC

Appellate Division Upholds Order Granting Summary Judgment to Defendants In Hernandez-Ortiz v. 2 Gold, LLC, one of several class action lawsuits seeking damages for property damage and related...

Appellate Alert: Vasquez-Santos v. Matthew

Vasquez-Santos v. Matthew; The First Department Grants Defendant’s Motion to Compel Access To Plaintiff’s Devices, Social Media, and E-Mail Accounts   In Vasquez-Santos v. Matthew, the...

Appellate Update: Revival Under Lavern’s Law Of Previously Dismissed Claims Is Not Appropriate Absent Strict Compliance With 2017 NY Senate Bill 7588 §4  By Barbara DeCrow Goldberg and Gregory...

MCB Appellate Alert: Forman v. Henkin: New York’s Highest Court Allows For Discovery of Materials Contained In the “Private” Section of a Plaintiff’s Facebook Account

On February 13, 2018, a unanimous panel of the Court of Appeals held that a discovery request for certain photographs and other information contained in the “private” section of a plaintiff’s...

Appellate Update: Governor Cuomo Signs Lavern’s Law

Appellate Update:  Governor Cuomo Signs Lavern’s Law Tolling the Statute Of Limitations For Malpractice Actions Alleging A Failure To Timely Diagnose Cancer       On January 31, 2018, Governor...

Appellate Update: B.F. v. Reproductive Medicine Associates of New York

On December 14, 2017, a 5-1 majority of the Court of Appeals held that although the 2 ½-year statute of limitations for medical malpractice actions normally runs from the malpractice, a new...

Successful Appeal in Orthopedic Spine Surgery Case

Partners Barbara D. Goldberg and Jacqueline D. Berger were successful on appeal in the Second Department in reversing the Westchester Supreme Court’s decision which denied summary judgment as to our client orthopedic spine surgeon. This case involves treatment over a...

MCB Wins on Appeal – Second Department Affirms Dismissal

Senior Partner Anthony Sola, Partner Matthew Frank and Partner and Head of MCB’s Appellate Department, Barbara Goldberg were successful in obtaining a dismissal for our clients in the Second Department. In this matter, plaintiff commenced an action to recover damages...

Appellate Update: In re B.L. v. Lawsky

Infant Allowed into Medical Indemnity Fund Where Alleged Malpractice Occurred in Prenatal Period In re B.L. v. Lawsky: The Appellate Division, First Department Reaffirms that Enrollment In the Medical Indemnity Fund is Open to Infants Who Are Injured In The Couse Of...

Appellate Alert: Hernandez-Ortiz v. 2 Gold LLC

Appellate Division Upholds Order Granting Summary Judgment to Defendants In Hernandez-Ortiz v. 2 Gold, LLC, one of several class action lawsuits seeking damages for property damage and related expenses caused by Hurricane Sandy, Hon. Ellen Coin of the New York County...

Appellate Alert: Vasquez-Santos v. Matthew

Vasquez-Santos v. Matthew; The First Department Grants Defendant’s Motion to Compel Access To Plaintiff’s Devices, Social Media, and E-Mail Accounts   In Vasquez-Santos v. Matthew, the Plaintiff, a former semi-professional basketball player, claimed that as the...

Appellate Update: Revival Under Lavern’s Law Of Previously Dismissed Claims Is Not Appropriate Absent Strict Compliance With 2017 NY Senate Bill 7588 §4  By Barbara DeCrow Goldberg and Gregory Cascino Click here to read On January 31, 2018, after months of...

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