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Another arbitration only rule bites the dust

Matter of Global Liberty Ins. Co. v Medco Tech, Inc., 2019 NY Slip Op 02167 (1st Dept 2019) ” Respondent seeks from petitioner no-fault insurance

March 23, 2019 1 Comment

Verification, again

New Horizon Surgical Ctr., L.L.C. v Travelers Ins., 2019 NY Slip Op 50281(U)(App. Term 2d Dept. 2019) “In opposition to the motion, plaintiff submitted an

March 20, 2019 2 Comments

Discovery

Fu-Qi Acupuncture, P.C. v Travelers Ins. Co., 2019 NY Slip Op 50273(U)(App. Term 2d Dept. 2019) “Defendant’s timely motion to vacate the notice of trial

March 20, 2019 No Comments

Use of Social Security Findings to establish a threshold injury

Savilo v Denner, 2019 NY Slip Op 01972 (4th Dept. 2019) Plaintiff lost his threshold motion, which are common in the Fourth Department based upon

March 20, 2019 No Comments

Pre-existing injuries insufficient

Dixon v Kone, 2019 NY Slip Op 02041 (1st Dept, 2019) ” Defendants submitted, among other things, plaintiff’s deposition testimony, acknowledging that he previously had

March 20, 2019 No Comments

The powers of a court to vacate an arbitration award

Matter of Miller v Elrac, LLC, 2019 NY Slip Op 01544 (1st Dept. 2019) (1) ” Since the master arbitrator found that the no-fault arbitrator

March 11, 2019 1 Comment

Interest through payment

B.Z. Chiropractic, P.C. v Allstate Ins. Co., 2019 NY Slip Op 50241(U)(Sup. Ct. Queens Co. 2019) The Appellate Term “suggested” that interest runs at 9%

March 11, 2019 1 Comment

Service! Again!

Wilmington Trust, N.A. v Pape, 2019 NY Slip Op 01449 (2d Dept. 2019) I remember as a younger lawyer serving pro-se Defendants in Civil Court,

March 2, 2019 No Comments

Appellate Division hold that Civil Court lacks subject matter over DJ actions

State Farm Fire & Cas. Co. v Jewsbury, 2019 NY Slip Op 01247 (2d Dept. 2019) This involves the unsuccessful argument that Civil Court actions

March 2, 2019 No Comments

Poor opposition papers cannot be remedied on appeal

Preferred Ortho Prods., Inc. v 21st Century Ins. Co., 2019 NY Slip Op 50224(U)(App. Term 2d Dept. 2019) ” Plaintiff’s sole appellate contention with respect

March 2, 2019 No Comments

The provider must show up

Dynamic Balance Acupuncture, P.C. v State Farm Ins., 2019 NY Slip Op 50171(U)(App. Term 2d Dept. 2019) This continues the line of cases where the

March 2, 2019 1 Comment

Appellate Term, first department gives expansive reading to CCA 212-a

Country-Wide Ins. Co. v Yao Jian Ping, 2019 NY Slip Op 50160(U)(App. Term 1st Dept. 2019) “This action, seeking a de novo adjudication of a

February 15, 2019 3 Comments

Aggravation of a pre-existing injury

Ortiz v Boamah, 2019 NY Slip Op 01129 (1st Dept. 2019) I am always interested in how issues of causation play out in the statutory

February 15, 2019 No Comments

The new fee schedule

New fee schedule I am just giving the highlights here. Regulatory impacted statement “The Superintendent therefore, deems it necessary to delay for 18 months the

February 15, 2019 No Comments

Non-disclosed pre-existing injury non-suits Plaintiff

Hoffner v Nelson, 2019 NY Slip Op 0078 (4th Dept. 2019) ” It is well established that a defendant may overcome an allegation of serious

February 8, 2019 No Comments

Example of a tardy CPLR 3101(d) that is unacceptable

Flowers v Harborcenter Dev., LLC, 2019 NY Slip Op 00749 (4th Dept, 2019) “Here, the court determined that there was a willful failure to disclose

February 8, 2019 No Comments

Subpoenas

Matter of Global Liberty Ins. Co. v Perez, 2019 NY Slip Op 00548 (2d Dept. 2019) ” Order, Supreme Court, Bronx County (Fernando Tapia, J.),

February 3, 2019 No Comments

The intersection of Ins Law 5106 and 5102(d)

Ampofo v Key, 2019 NY Slip Op 00559 (1st Dept. 2019) “Defendants established prima facie that plaintiff’s claimed right ankle and foot sprains were not

January 31, 2019 No Comments

Trip and fall to zero

Rambarran v New York City Tr. Auth., 2019 NY Slip Op 00484 (2d Dept. 2019) “Here, the plaintiff’s evidence at trial included her own testimony,

January 28, 2019 No Comments

Medical malpractice burdens

Wei Lin v Sang Kim, 2019 NY Slip Op 00161 (2d Dept. 2019) “The defendant’s expert merely summarized the medical records and certain deposition testimony,

January 28, 2019 No Comments

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