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Chubb defense substantiated and unrebutted on this recordApril 21, 2013

Shahid Mian, M.D., P.C. v Interboro Ins. Co., 2013 NY Slip Op 50589(U)(App. Term. 1st Dept. 2013)

“In opposition to the defendant-insurer’s prima facie showing that the assignor’s treated medical condition was not causally related to the underlying motor vehicle accident (see Mount Sinai Hosp. v Triboro Coach, 263 AD2d 11, 19-20 [1999]), plaintiff failed to raise a material issue requiring a trial of its claim for assigned no-fault first-party benefits. The bare bones affidavit filed by plaintiff’s principal, an orthopedist who performed the surgical procedure giving rise to this no-fault action, was insufficient to defeat summary judgment. The affiant failed to set forth a factual basis for his single-sentence conclusion on the critical causation issue, and did not address, let alone rebut, the contrary findings made by defendant’s medical experts.

This was my case.  The defense was based upon a radiological review and a peer review, based upon the radiological review and plaintiff’s medical records.  For those that remember Stephen Fealy v. State Farm, the affidavit, in rebuttal in this case, was better than the affidavit in rebuttal case.  Note my comment in Amherst Medical Supply, where the court evaluated these cases under a 5102(d) prism.

3 Responses

  1. Captain America says:

    Apparently Doctor Vladimir Stalin Kruschev got a little sloppy in his Affidavit.

  2. Sting says:

    Captain America

    This is a nation of immigrants.

    The Russians love their children too! Why do you disparage our Russian comrades? The affidavit problem was a problem with the English.

    Jason, you should be ashamed, taking advantage like that!!! I will never talk to you again …. until tomorrow.

  3. Captain America says:

    Sting. If you recall I was in a frozen like cryogenic state since the cold war and only recently reawakened.

    So my point of view is still skewed.

    I have yet to realize the accomplishments that recent former Soviet Republic emigrees have made to medicine in the United States.

    “How can I save my little boy from Openheimer’s deadly toy.”

    Of course Openheimer really saved our bacon by developing it first along with Fermi. And when he spoke out against using it he was promptly given the good ole American treatment. He was promptly labeled a Communist, his career destroyed and all of a sudden conservatives, especially people in the South, realized he was a Jew and recalled that they were anti-semetic.

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