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Pommells: The Facts, Nothing But the Facts

New York State Bar Association Journal, Vol. 78, No. 5, p. 42, 2006

4 Pages Posted: 16 Jun 2010 Last revised: 20 Jun 2010

Michael J. Hutter

Albany Law School

david paul horowitz

New York Law School

Date Written: 2006

Abstract

This article is a criticism of the "Paradigm Shift in No-Fault 'Serious Injury' Litigation" by Joseph D. Nohavicka which concluded that the lower courts of New York were charged with removing fraudulent serious injury cases from the court system pursuant to the Court of Appeal’s Decision in Pommells v. Perez, 4 N.Y.3d 566 (2005). His article argues that the Pommells decision elaborates longstanding guidelines mandated by the Court of Appeals, clarifying the burdens on a plaintiff seeking to defeat summary judgment where there is a gap or cessation of treatment or sufficient proof in support of the motion establishing a pre-existing condition as the cause of plaintiff’s injuries. No duty is placed on trial courts to determine fraud in the summary judgment context.

Keywords: removing fraudulent serious injury cases from the court system

Suggested Citation

Hutter, Michael J. and horowitz, david paul, Pommells: The Facts, Nothing But the Facts (2006). New York State Bar Association Journal, Vol. 78, No. 5, p. 42, 2006. Available at SSRN: https://ssrn.com/abstract=1625925 or http://dx.doi.org/10.2139/ssrn.1625925

Michael J. Hutter (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

David Paul Horowitz

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States

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