Matthew Gaier

December 09, 2024 | New York Law Journal

The authors write "Over the past two decades, this column has on three occasions addressed the issue of whether defendants may seek apportionment under CPLR Article 16 with respect to former defendants in the action who obtained merits based dismissals of the claims against them on summary judgment. It has been our steadfast position that such apportionment is prohibited by collateral estoppel and law of the case doctrine. It seems axiomatic that once a defendant has been adjudicated to be not liable as a matter of law, that finding is the law of the case, for all purposes. Nevertheless, efforts by defense counsel to defend their clients or limit their liability by blaming their former co-defendants continue to persist."

By Thomas A. Moore and Matthew Gaier

14 minute read

September 30, 2024 | New York Law Journal

"A decedent's emotional distress from the fear of impending death is very much a compensable aspect of post-injury pain and suffering," write Thomas A. Moore and Matthew Gaier.

By Thomas A. Moore and Matthew Gaier

16 minute read

August 08, 2024 | New York Law Journal

"The statute begins to run under the discovery rule not when the patient was diagnosed with cancer, but when patient knew ... that there was negligence," write Thomas A. Moore and Matthew Gaier.

By Thomas A. Moore and Matthew Gaier

16 minute read

June 03, 2024 | New York Law Journal

Over the past few years, there have been numerous decisions of interest from the Appellate Division involving issues related to discovery in medical malpractice and personal injury actions. These decisions demonstrate the continuing evolution of decisional law pertaining to various discovery issues.

By Thomas A. Moore and Matthew Gaier

12 minute read

April 01, 2024 | New York Law Journal

In its recent decision in 'Carroll v. Niagara Falls Memorial Medical Center', the Fourth Department held that partial summary judgment should be granted only as to theories or claims of malpractice that were not addressed, and that an expert affirmation submitted in opposition is not required to address every allegation in a bill of particulars.

By Thomas A. Moore and Matthew Gaier

13 minute read

February 05, 2024 | New York Law Journal

There have been a significant number of Appellate Division decisions addressing motions by plaintiffs in malpractice actions seeking sanctions against defendants for spoliation of evidence, as well as a few involving malpractice defendants seeking sanctions against plaintiffs. Those decisions are the subject of this column.

By Thomas A. Moore and Matthew Gaier

15 minute read

December 04, 2023 | New York Law Journal

When notice of a medical malpractice claim is not filed timely and the statute of limitations to bring a motion for permission to serve a late notice of claim expires, a court is not required to grant relief. The only avenue for a claimant who failed to file timely may be to argue the municipal defendant should be equitably estopped from seeking dismissal. The application of this doctrine to notices of claim and municipal hospitals is the subject of this article.

By Thomas A. Moore and Matthew Gaier

16 minute read

July 31, 2023 | New York Law Journal

In personal injury and medical malpractice actions in which plaintiffs have alleged they sustained injuries that have impaired their abilities to engage in their normal activities, it is not uncommon for the defendants to hire investigators to surveille and make video recordings of the plaintiff that may appear to refute, or confirm, the nature and degree of the impairment.

By Thomas A. Moore and Matthew Gaier

15 minute read

June 05, 2023 | New York Law Journal

Although it is a fairly simple procedure, it has occasionally necessitated litigation over the impact of a failure to so certify, as well as the nature of the certification required in certain types of cases. Thirty-seven years after the passage of this requirement, the courts continue to grapple with these questions.

By Thomas A. Moore and Matthew Gaier

15 minute read

April 04, 2023 | New York Law Journal

In their last Medical Malpractice column, Thomas Moore and Matthew Gaier discuss several court decisions related to immunity temporarily given to health care professionals and facilities during the COVID-19 pandemic.

By Thomas A. Moore and Matthew Gaier

15 minute read