In their Medical Malpractice column for the New York Law Journal on, Thomas A. Moore and Matthew Gaier again address the issue of the admissibility of physicians’ testimony as to their custom and practice, also known as habit evidence.

In their column, Evidence of Custom and Practice (December 2019), two of the opinions discussed at length were those of the Court of Appeals in Rivera v. Anilesh, 8 N.Y.3d 627 (2007) and the Second Department in Martin v. Timmins, 178 A.D.3d 107 (2d Dept. 2019).

They revisit that in their April 2021 column titled, Custom and Practice Revisited in light of two recent Appellate Division decisions that provide new insights into the admissibility and applicability of such evidence.

To read the full article, click here.

Tom Moore and Matt Gaier, New York personal injury attorneys, coauthor a medical malpractice column for the New York Law Journal on The column is a resource used by countless attorneys throughout New York state regarding issues of medical malpractice.