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What a line

Monzon v Porter, 2019 NY Slip Op 04855 (4th Dept. 2019) “Where opinion testimony is contradicted by the facts, the facts must prevail” 

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June 15, 2019 1 Comment
Cashing in on old settlements

Seaside Rehabilitation v Allstate Ins. Co., 2019 NY Slip Op 50918(U)(App. Term 2d Dept. 2019) “This action by a provider to recover assigned first-party no-fault

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June 14, 2019 No Comments
PPO based discovery

North Val. Med., P.C. v Allstate Ins. Co., 2019 NY Slip Op 50904(U)(2d Dept. 2019) This one was interesting. (1) “A review of the record

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June 14, 2019 No Comments
Note of Issue: Pitfalls

Williams v Laura Livery Corp., 2019 NY Slip Op 04664 (1st Dept. 2019) “Once plaintiff filed the notice of issue and certificate of readiness certifying

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June 11, 2019 No Comments
Procedural irregularity

Wells Fargo Bank, N.A. v Merino, 2019 NY Slip Op 04655 (1st Dept. 2019) “While defendant, who was initially pro se, raised the defense of

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June 11, 2019 No Comments
Causation, again

Streety v Toure, 2019 NY Slip Op 04487 (1st Dept. 2019) (1) “The report of defendants’ expert emergency medicine physician is sufficient to establish their

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June 8, 2019 No Comments
Causation

Black v Gordon, 2019 NY Slip Op 04032 (1st Dept. 2019) “The chiropractor acknowledged that the MRI film showed preexisting degenerative conditions, and therefore he

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June 2, 2019 No Comments
New evidence in reply?

Valdan Acupuncture, P.C. v 21st Century Advantage Ins. Co., 2019 NY Slip Op 50822(U)(App. Term 2d Dept. 2019) Defendant also submitted affirmations and affidavits from

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June 2, 2019 No Comments
Loss of Earnings

Moshe v Country-Wide Ins. Co., 2019 NY Slip Op 29138 (Dis. Ct. Nassau Co. 2019) Introductory thoughts I love this case. It makes little sense

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May 20, 2019 No Comments
EUOs

Gentlecare Ambulatory Anesthesia Servs. v GEICO Ins. Co., 2019 NY Slip Op 50759(U)(App. Term 2d Dept. 2019) ” Furthermore, defendant was not required to set

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May 20, 2019 No Comments
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