Joseph D Nohavicka

December 22, 2011 | New York Law Journal

Joseph D. Nohavicka, a partner at Mavromihalis Pardalis & Nohavicka, analyzes a recent Court of Appeals decision resolving a trilogy of automobile accident personal injury cases out of the First and Second Departments addressing the vexing application of the serious injury threshold under the New York State Insurance Law in a litigation realm replete with fraudulent and frivolous claims.

By Joseph D. Nohavicka

12 minute read

March 04, 2005 | New York Law Journal

Joseph D. Nohavicka, a partner at Jaffe & Nohavicka, writes that the deposition, generally speaking, is the most important discovery tool available to civil litigants to ascertain, and, when appropriate, exploit or dampen the strengths and weaknesses of their case.

By Joseph D. Nohavicka

15 minute read

December 14, 2006 | New York Law Journal

Joseph D. Nohavicka, a partner with Jaffe & Nohavicka, writes that successful challenges to legislation enacted pursuant to the Commerce Clause are rare. In 1995, the U.S. Supreme Court held for the first time since 1937 that a federal statute exceeded Congress's authority to regulate commerce among the states. Nevertheless, the Supreme Court, Queens County, recently struck down as unconstitutional a federal law that redefined the contours of a New York law that affords protection to auto accident victims.

By Joseph D. Nohavicka

12 minute read

May 12, 2006 | New York Law Journal

Joseph D. Nohavicka, a partner with Jaffe & Nohavicka, and Anastasio Pardalis, an associate at the firm, write that among the plethora of issues recently submitted to the Court of Appeals for consideration is the validity of "pay-when-paid" or "pay-if-paid" provisions, relative to construction contracts and subcontracts.

By Joseph D. Nohavicka and Anastasio Pardalis

14 minute read

December 07, 2007 | New York Law Journal

Joseph D. Nohavicka, a principal in the Nohavicka Law Firm, writes that with a view toward public safety, the New York City Transit Authority imposes a strict-liability standard of care on bus operators. Therefore, to drive a bus in New York City, one does so with the mind-set that all accidents are avoidable by the operator. The TA's internal rules create the presumption that the mere happening of an accident is proof the driver did something wrong.

By Joseph D. Nohavicka

12 minute read

January 05, 2009 | New York Law Journal

Joseph D. Nohavicka, a partner in the firm of Mavromihalis Pardalis & Nohavicka, writes that whether the true import of the preparation of pleadings is learned in law school, at a law firm or in the sometimes-punishing crucible of civil litigation, practitioners inevitably discover that the consequences of not being aware of the nuances of Article 30 of the CPLR, and their application by the courts, run the gamut from teeth-gnashing to desk-slamming.

By Joseph D. Nohavicka

11 minute read

June 25, 2008 | New York Law Journal

Joseph D. Nohavicka, a principal in the Nohavicka Law Firm, writes that the phrases "sudden stop, or "stopped suddenly," should not be interpreted as lexical constructions having the juridical force of creating an issue of fact precluding summary judgment or shifting the burden of production on an opposing party at trial.

By Joseph D. Nohavicka

15 minute read

May 02, 2007 | New York Law Journal

Joseph D. Nohavicka, a principal in the Nohavicka Law Firm, reviews causes of action under Public Health Law ��2801-d and 2803-c and a recent case in which a patient claimed that the defendant nursing home negligently caused her to sustain pressure ulcers on both feet and to require below-the-knee amputation of her right leg.

By Joseph D. Nohavicka

11 minute read

June 29, 2011 | New York Law Journal

Joseph D. Nohavicka, a partner at Mavromihalis Pardalis & Nohavicka, writes: The credibility of a witness in both civil and criminal cases can be impeached by showing that their reputation for truth and veracity is bad. The right to do so is triggered once a proper foundation has been laid that a "key opposing witness" has a bad reputation in the community for truth. But what, exactly, is a "community?" The Court of Appeals recently issued a decision on this question.

By Joseph D. Nohavicka

12 minute read

June 12, 2002 | New York Law Journal

V ideotaped surveillance of plaintiffs is now standard practice in the defense of a personal injury action. Litigants have been admonished that "[they] must assume in every case that surveillance is occurring and should routinely obtain discovery of such material." 1 When, and under what conditions, defendants are required to turn surveillance tapes over, remains a vexing question in New York practice, as recently demonstrated by the First Department`s decision in Tran v. New Rochelle Hospital Medical Cente

By Joseph D. Nohavicka

15 minute read