Jamaica Med. Supply, Inc. v Kemper Cas. Ins. Co., 2011 NY Slip Op 52441(U)(App. Term 2d Dept. 2011)
Why is a prima facie case different in a DME case? All this discrimination against DME suppliers…
“The billing records submitted by plaintiff in support of its motion for summary judgment do not assert that the supplies at issue had been delivered to plaintiff’s assignor. Nor did plaintiff’s affiant state that he had delivered the supplies to plaintiff’s assignor. Indeed, he stated that it is his general practice to either (1) deliver his supplies directly to the eligible injured person or to (2) deliver them to the prescribing healthcare providers for subsequent delivery to the eligible injured person. He did not specify in his affidavit which method of delivery was used in this case. Accordingly, plaintiff’s moving papers failed to demonstrate its prima facie entitlement to summary judgment.”
4 Responses
Haaaah … they just reversed themselves; the App Div 2nd and the Court of Appeals — anyone remember Fair Price.
I wonder, where does this delivery requirement come from?
What is the doctrinal basis.
Why is there an additional prima facie requirement for medical supply cases?
the decision discusses fair price… this is the third case from app term 2d dept with this holding
Geez. Thanks for telling me it discusses — tap dances around the corpse of Fair Price. My stomach has been feeling okay lately and I don’t want to upset it.
Folks precendent is supposed to move at a pre global warming glacial pace. From Fair Price to this in such a short time — there are outside influences involved here.
I tell you one thing — with all the “cfs” — confusion — and distinguish this and misstate that the courts have created a lawless world. A court can make invidual assesments of a case or the litigants — mostly the litigants — and do or say anything without having to be bound by law. Just “cf” or distinguish or totally get it wrong — “Chub held that a condition precedent was not subject to preclusion” and you have individualized justice.
Instead of blind justice it now has x-ray vision.
And so it begins. The death throes of democracy in the evil empire.