Why are cariers filing DJ’s against the Anikeyev providers?December 29, 2016

I am at a loss when I see  a DJ action against this group of medical providers.  In one published case, this particular medical provider was found after a full  briefing of papers to be ineligible to collect no-fault benefits.  See e.g. Nationwide v. Acuhealth Acupuncture, P.C.  (4874/15).  The case is going to the Appellate Division and I would be surprised if the Second Department offered this group of providers any relief.

In  State Farm Mut. Auto. Ins. Co. v. Anikeyeva, 130 AD3d 1007, 1007 (2d Dept. 2015), the merits were implicated due to the failure of defendant to respond to discovery after numerous orders.

Wouldn’t it follow that collateral estoppel would prevent the Anikeyeva facility from re-litigating the same issue it lost on the merits?  Parenthetically, I know Countrywide lost various arbitrations involving this issue – but arbitrators are not necessarily bound by collateral estoppel.

Now, unless my understanding of collateral estoppel is incorrect,

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