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Discrepancy between the judgment and the decision – decision controlsSeptember 16, 2016

DJS Med. Supplies, Inc. v Allstate Ins. Co., 2016 NY Slip Op 51123(U)(App. Term 2d Dept. 2016)

This case was interesting because, as typically happens in volume cases, something is missed.  Plaintiff felt it worth its while to appeal the $181.50 that it was entitled to after trial for the massager that was not opined upon.  My question is why the heck didn’t Allstate just pay the guy the $181.50 plus costs?  On the flip side, if Plaintiff has to file a reproduced record, would he have spent $3,000 to file this appeal?  These are the questions I have reading this case.  The outcome is meaningless.

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