An unobjected to EUO notice precludes a later challenge to the propriety of the notice
New York no-fault insurance law case establishing that failure to object to EUO notice prevents later challenges to its validity or reasonableness.
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May 2010 Articles
20 articles published in May 2010
The Appellate Division grants an Article 75 petition and remands the matter back to AAA arbitration
Appellate Division grants Article 75 petition in MVAIC v Interboro Medical, remanding no-fault arbitration case back to AAA for coverage determination.
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The policy of insurance does not need to be included in the motion – as to IME defaults that is
Court rules insurance policy not required in IME default motions under NY no-fault law. Apollo Chiropractic case establishes prima facie showing requirements.
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What is a prima facie case in the Second Department?
Court procedural order granting extension to file reply brief in no-fault insurance case between medical provider and GEICO, showing typical appellate timeline management.
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An untimely cross-motion will not be forgiven when the sought after relief is based upon a "different" issue than that found in the main motion
Court rules untimely cross-motions for summary judgment won't be excused when seeking relief based on different issues than the main motion, as seen in Leonardi v Cruz.
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Another doozy of a default decision
Court reverses default judgment denial in no-fault insurance case, highlighting CPLR 3215(f) requirements and business records foundation issues in New York.
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Couldn't get it right the second time around
Court rules improper IME scheduling letters from third-party MCN to defendant instead of claimant failed to toll no-fault insurer's payment deadline.
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A $4,300 affidavit- and another Pan Chiro citing (or sighting)
Court reverses $4,300 judgment due to insufficient medical affidavit that failed to address insurer's peer review determination in no-fault case.
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Good luck trying to vacate a no-fault arbitration award pursuant to Article 75
New York Court of Appeals establishes narrow grounds for vacating no-fault arbitration awards under CPLR 7511, emphasizing limited judicial review options.
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EBT transcript invalid because it was not mailed to plaintiff (CPLR 3117)
Court rules EBT transcript inadmissible when not mailed to plaintiff per CPLR 3117, but Second Department decision conflicts with prior precedent on party depositions.
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Peer Review Reports in No-Fault Insurance: Elmont Open MRI v State Farm
Learn how the Elmont Open MRI v State Farm case impacts personal injury claims and what peer review reports mean for your recovery.
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45-day rule – insufficiency of justification
Court rules on 45-day submission rule for MVAIC claims, highlighting strict requirements for written justification when medical providers miss deadlines.
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Peer hearsay: Play it again Sam
Analysis of peer doctor hearsay testimony in no-fault insurance cases, examining Civil Court's distinction from Appellate Term precedent in Beal-Medea v GEICO.
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EBT in aid of arbitration? No dice.
NY court denies EBT in aid of arbitration, ruling disclosure must be "absolutely necessary" not merely convenient for no-fault insurance disputes.
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A tongue twister from the Fourth Department
Fourth Department appellate court ruling on res judicata, law of the case doctrine, and prima facie requirements in no-fault insurance mailing disputes.
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A short and sweet primer on how to save a case that has been brought outside the applicable statute of limitations
Learn strategic methods to save cases filed outside statute of limitations deadlines, including intervention, consolidation, and relation-back doctrine applications.
Read More →![The 120 day time period (CPLR 3212[a]) to make a summary judgment motion applies even if an action is marked off the calendar](https://cdn.jtnylaw.com/blog/the-120-day-time-period-cplr-3212a-to-make-a-summary-judgment-motion-applies-even-if-an-action-is-marked-off-the-calendar.avif)
The 120 day time period (CPLR 3212[a]) to make a summary judgment motion applies even if an action is marked off the calendar
New York's 120-day summary judgment rule applies even when cases are struck from the calendar, preventing defendants from circumventing procedural deadlines.
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The First Department's newest inconsistent position on 2309
New York's First Department demonstrates inconsistent application of CPLR 2309 certificate requirements for foreign affidavits, creating unpredictable outcomes for practitioners.
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Causation, Renewal and a probable trip to the Court of Appeals
Henry v Peguero 2010 case analysis examining causation requirements in 5102(d) serious injury threshold claims, renewal motions, and potential Court of Appeals review.
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Broke the chain of causation
New York appellate court ruling demonstrates how a patient's failure to follow medical instructions can break the chain of causation in malpractice cases.
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