3 total
Motion for leave to appeal denied with costs fixed at $5,000.
The moving parties sought leave to appeal an order of Justice Kershman dated May 27, 2022.
The Divisional Court denied the motion for leave to appeal, awarding costs of $5,000 all-inclusive to the responding party.
Court ordered a procedural timetable for steps preceding summary judgment and Rule 21 motions.
At a case conference in a commercial lease dispute, the court established a timetable for steps leading up to the plaintiff's summary judgment motion and the defendants' Rule 21 motion.
The court declined to rule on other substantive issues, such as demands for particulars and further affidavits of documents, noting they required a proper evidentiary record and formal motions.
The ordered timetable incorporated a two-week extension to the plaintiff's proposal to accommodate defense counsel's schedule.
Arbitrator approves all disputed medical and rehabilitation treatment plans for catastrophically impaired accident victim.
The applicant, who sustained a catastrophic impairment including a traumatic brain injury in a motor vehicle accident, sought various medical and rehabilitation benefits under the Statutory Accident Benefits Schedule.
The insurer denied several treatment plans for physiotherapy, occupational therapy, speech-language therapy, and a multi-disciplinary residential program in the United States.
The arbitrator found that the insurer improperly relied on outdated or flawed assessor reports and failed to give adequate weight to the objective evidence of the applicant's treating professionals.
All disputed treatment plans were found to be reasonable and necessary, and the applicant was awarded the claimed benefits with interest.
