On December 23, 2021, Governor Kathy Hochul signed the Speaking Agents Act, which expands upon the instances in which the hearsay statements of an employee/agent will be admissible against the employer/principal. Previously, such hearsay statements of an...
Appellate
Appellate Division Upholds Summary Judgment for Hospital Otolaryngologist and Anesthesiologist
Partners Barbara D. Goldberg and Michael A. Sonkin, assisted by Associate Jennifer Wanner, obtained the affirmance of a summary judgment dismissal on behalf of our clients, a prestigious New York hospital and its attendings, an otolaryngologist and an...
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...
Legislative Alert: Governor Cuomo Vetoes 2 Proposed Bills Which Would Have Significantly Expanded Liability in Medical Malpractice and Other Personal Injury Actions
On June 21, 2019, the New York State Assembly passed two proposed bills (both which had previously passed the Senate), which if signed into law would have significantly expanded exposure in medical malpractice and other personal injury matters by revising CPLR Article...
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 Company. Dr. Haar submitted claims to Nationwide in connection with each...
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...
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 malpractice and other personal injury matters by effectively doing away with...
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...
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