Steven Balson Cohen

September 06, 2019 | New York Law Journal

In the years to come, the bench, bar and public all hope that this new enforcement tool will curtail the potential horrors associated with the staged accident phenomenon.

By Steven Balson-Cohen

7 minute read

December 28, 2018 | New York Law Journal

On Dec. 5, 2018, a unanimous panel of the Appellate Division, Second Department issued its decision in 'Shah v. Mo. M. Rahman', upholding the trial court's ruling not to grant plaintiff's counsel's application to hold a 'Frye' hearing before admitting into evidence the testimony of a defense biomechanical engineering expert. In so doing, the court, citing, well established Court of Appeals authority, has arguably dealt the biomechanical 'Frye' hearing its final death blow.

By Steven Balson-Cohen

7 minute read

May 29, 2018 | New York Law Journal

The Frye test emphasizes “counting scientists votes, rather than verifying the soundness of a scientific conclusion."

By Steven Balson-Cohen

12 minute read

August 17, 2006 | New York Law Journal

Steven Balson-Cohen, a senior trial attorney with Nathan L. Dembin & Associates, explores caselaw which has removed the treating physician from key disclosure requirements under New York's expert witness statute and how this development has raised the specter of a return to judicially sanctioned surprise at trial.

By Steven Balson-Cohen

13 minute read

September 28, 2005 | New York Law Journal

Steven Balson-Cohen, a senior trial attorney with Nathan L. Dembin & Associates, reviews basic spoliation principles and states that a party in a negligence or malpractice action need not accept without remedy a lost medical record or imaging study, as recent Appellate Division decisions have expanded the use of spoliation sanctions, including the ultimate sanction of striking a pleading, even for records lost by mere negligence.

By Steven Balson-Cohen

8 minute read