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...
Appellate
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 Facebook account is subject to the same standard as any other discovery...
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 Andrew Cuomo signed into law the bill which has become known as “Lavern’s...
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 judicially created exception now applies to so-called “wrongful birth” actions...
Gregory A. Cascino, Esq. joins MCB’s Appellate Practice Group
Martin Clearwater & Bell LLP is happy to announce that Gregory A. Cascino, Esq. has joined the Firm’s Appellate Practice Group. Prior to joining MCB, Greg worked at two law firms where he specialized in appellate practice. He has briefed and argued appeals in all...
Appellate Alert: Legislature Permits Using Opinions of Undisclosed Experts in Dispositive Motion Practice
READ THE PDF VERSION HERE Effective December 11, 2015, Rule 3212 of the New York Civil Procedure Law and Rules (“CPLR”) was amended to explicitly state that the parties are not required to exchange expert information in advance of dispositive motion practice. ...
Appellate Update: Court of Appeals Expands Hospital’s Duty of Care
Court of Appeals Expands Hospital's Duty of Care By: Barbara D. Goldberg, Esq. On December 16th, a majority at the Court of Appeals, in Davis v. South Nassau Communities Hospital, recognized a duty of care owed by medical providers to the public at large. The...
Appellate Update: Court of Appeals Expands Hospital’s Duty of Care
By: Barbara D. Goldberg, Esq. On December 16th, a majority at the Court of Appeals, in Davis v. South Nassau Communities Hospital, recognized a duty of care owed by medical providers to the public at large. The pertinent holding is that “where a medical provider has...
MCB Case Result from Appellate Department: Dismissal of Claims
Senior Trial Partner Jeffrey A. Shor assisted by Appellate Associate Iryna S. Krauchanka, obtained a dismissal of claims initiated against a mental health provider as a result of an unanticipated patient suicide. MCB sought appellate review of a Supreme Court, Bronx...
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