516-750-0595
Se Habla Español

Blog

Pre and post claim EUO

Longevity Med. Supply, Inc. v Nationwide Ins., 2020 NY Slip Op 51133(U)(App. Term 2d Dept. 2020) “Plaintiff failed to raise a triable issue of fact

March 17, 2021 1 Comment

The second EUO no-show is operative

Quality Health Supply Corp. v Nationwide Ins., 2020 NY Slip Op 51226(U)(App. Term 2d Dept. 2020) “Where, as here, no other verification request is outstanding

March 17, 2021 No Comments

Interest of justice vacatur

New Age Acupuncture, P.C. v Global Liberty Ins. Co.. 2020 NY Slip Op 51225(U)(App. Term 2d Dept. 2020) “In our view, the Civil Court improvidently

March 17, 2021 No Comments

Collateral Estoppel?

Rojas v Romanoff, 2020 NY Slip Op 04237 (1st Dept. 2020) Collateral estoppel in the First Department to non-suit (1) “In the declaratory judgment action,

September 28, 2020 No Comments

3101(d) never applies to

Duman v Scharf, 2020 NY Slip Op 04537 (2d Dept. 2020) “At the damages phase of the trial, the defendants called as a witness one

September 25, 2020 No Comments

Castaldini v Walsh, 2020 NY Slip Op 04822 (2d Dept. 2020) “A defaulting defendant “admits all traversable allegations in the complaint, including the basic allegation

September 25, 2020 No Comments

Deposition rulings

Gargano v Langman, 2020 NY Slip Op 04923 (2d Dept. 2020) “An order denying a motion to compel a witness to answer questions propounded at

September 25, 2020 No Comments

Improvident to examine papers

Elusma v Jackson, 2020 NY Slip Op 04920 (2d Dept. 2020) “The Supreme Court improvidently exercised its discretion in considering the plaintiffs’ opposition papers, which

September 25, 2020 No Comments

Double hearsay “In this case, even without the police accident report, the plaintiff established his prima facie entitlement to judgment as a matter of law

September 25, 2020 No Comments

Ubder D-Duber fail

Uy v Hussein, 2020 NY Slip Op 05080 (2d Dept. 2020) “In any event, even considering Hussein’s affidavit, as well as an affidavit submitted in

September 25, 2020 No Comments

Place a call and your jurisdictional defense will fall

State Farm Fire & Cas. Co. v Davis, 2020 NY Slip Op 51008(U)(App. Term 2d Dept, 2020) “Nevertheless, a lack of jurisdiction claim will be

September 25, 2020 No Comments

The chiropractor rate

S.O.V. Acupuncture, P.C. v Global Liberty Ins. Co. of N.Y., 2020 NY Slip Op 51004(U)(App. Term 2d Dept. 2020) Well in a few weeks and

September 25, 2020 No Comments

Colin v Global Liberty Ins. Co. of N.Y., 2020 NY Slip Op 51002(U)(App. Term 2d Dept. 2020) “The record demonstrates conclusively that the address to

September 25, 2020 No Comments

Material Misrepresentation defense

Alignment Chiropractic, P.C. v Travelers Home & Mar. Ins. Co., 2020 NY Slip Op 50994(U)(App. Term 2d Dept. 2020) “A misrepresentation is material if the

September 25, 2020 No Comments

Retroactive rescission

Omphil Care, Inc. v Pearl Holding Group Managing Gen. Agent for Ocean Harbor Cas. Ins. Co. 2020 NY Slip Op 50946(U)(App. Term 2d Dept. 2020)

September 25, 2020 No Comments

Discussion on defaults/appearances

Deutsche Bank Natl. Trust Co. v Hall, 2020 NY Slip Op 04292 (2d Dept. 2020) As relevant here, “[a]n action is commenced by filing a

July 30, 2020 No Comments

Out of scope – the inquiry tightens

Roizman v Stromer, 2020 NY Slip Op 04196 (2d Dept. 2020) ” While it is true that a medical expert need not be a specialist

July 23, 2020 No Comments

A declaration later became an affidavit

Bacon & Seiler Constructors, Inc. v Solvay Iron Works, Inc., 2020 NY Slip Op 04020 (4th Dept. 2020) “Contrary to plaintiff’s further contention, the court

July 23, 2020 No Comments

EUO no show again

Kemper Independence Ins. Co. v Cornerstone Chiropractic, P.C., 2020 NY Slip Op 03876 (1st Dept. 2020) “The claimants’ failure to subscribe and return the transcripts

July 20, 2020 1 Comment

Injunction scored on the Yan Moshe, the biggest No-Fault Player out there

Geico v. Moshe, 20-cv-1098 (EDNY 2020) This probably has to be every medical practice’s worst nightmare. Provide services, send bills to the largest insurance payor,

July 20, 2020 No Comments

Get In Touch

Practice Areas

Support

About Us

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.

Copyright © 2025 The Law Office of Jason Tenenbaum, P.C. All rights reserved. Designed & built by Wolfe Services