Summing Up March 2018

Appellate Division Reverses a Finding of Liability Pursuant to Labor Law §240(1) in a Case Involving a Fall from a Ladder. In Bonczar v. American Multi-Cinema Inc., et al, (4th Dept., February 2, 2018), the plaintiff commenced a personal injury action for injuries he alleged to have sustained after falling from a ladder in the lobby…

Summing Up February 2018

Carrier Entitled to Offset of All Occupants of Vehicle in Sum Case As discussed in In the Matter of the Arbitration Between New York Central Mutual Fire Insurance Company and Brandon J. Baker, (4th Dept. 2017), Brandon J. Baker was injured in a motor vehicle accident while riding as a passenger in a vehicle driven…

Summing Up January 2018

Plaintiff Entitled to Subpoena Billing and Payment Records of Defendants’ IME Expert In Porcha v. Binette, (4th Dept. 2017), the plaintiff commenced an action for injuries she sustained as a result of a motor vehicle accident.  The defendants served plaintiff’s counsel with a notice for an Independent Medical Examination, which was later performed by Dr.…