date:Nov 12, 2012
use theory isn't the only test courts apply in determining the number of occurrences. There is what's known as the effects test. In this test, the court looks to the number of injuries sustained, notes Margaret Shiptalo, an associate attorney with Cassiday Schade. The court in Mason indicated this is the minority view.
New York courts also have applied a separate unfortunate events test. In 2007, the Supreme Court of New York, Appellate Division, applied this test stemming from a class action l