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Prima Facie Staged accident

Jamaica Wellness Med., P.C. v Hereford Ins. Co., 2018 NY Slip Op 51586(U)(App. Term 2d Dept. 2018) “In support of its motion, defendant submitted a transcript

November 19, 2018 1 Comment

The existence of a workers compensation award is lack of coverage

Active Care Med. Supply Corp. v Hartford Ins. Co., 2018 NY Slip Op 51591(U)(App. Term 2d Dept. 2018) “Contrary to plaintiff’s contention, a lack of coverage

November 19, 2018 No Comments

Nationwide took an ax to Unitrin

Nationwide Affinity Ins. Co. of Am. v Jamaica Wellness Med., P.C., 2018 NY Slip Op 07850 (4th Dept. 2018) (1) “We conclude that a defense premised

November 18, 2018 4 Comments

Mr. Ortega, why did you lie to us?

Ortega v Healthcare Servs. Group, Inc., 2018 NY Slip Op 07568 (4th Dept. 2018) (1) “Plaintiffs commenced this action seeking damages for injuries Rose Ortega (plaintiff)

November 15, 2018 No Comments

Stipulation not strictly enforced

RCS Recovery Servs., LLC v Mensah, 2018 NY Slip Op 07766 (2d Dept. 2018) The Court really went out on a limb here and did the

November 14, 2018 No Comments

Another must read in the battle involving “significant limitation” and “permanent consequential”

Tejada v LKQ Hunts Point Parts, 2018 NY Slip Op 07663 (1st Dept. 2018) In opposition, plaintiff raised a triable issue of fact as to the

November 14, 2018 No Comments

Shoulder surgery with physical therapy – valued at $550,000

Thompson v Toscano, 2018 NY Slip Op 07676 (1st Dept. 2018) “$400,000 for past pain and suffering and $750,000 for future pain and suffering over 25

November 14, 2018 No Comments

Timely notice

Dynasty Med. Care, P.C. v 21st Century Sec. Ins. Co., 2018 NY Slip Op 51550(U)(App. Term 2d Dept. 2018) “Contrary to plaintiff’s contentions, defendant established that

November 13, 2018 No Comments

A basic EUO no-show

Island Life Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co., 2018 NY Slip Op 51552(U)(App. Term 2d Dept. 2018) “To establish its prima facie entitlement

November 13, 2018 No Comments

The recent examination

Fiorucci-Melosevich v Harris, 2018 NY Slip Op 07410 (2d Dept. 2018) “In opposition, the plaintiff submitted, inter alia, the affirmation of a physician who stated that

November 7, 2018 No Comments

Electronic signatutres

Ramirez v Miah, 2018 NY Slip Op 07472 (2d Dept. 2018) “We disagree with the Supreme Court’s determination that the electronic signature on the plaintiff’s physician’s

November 7, 2018 No Comments

202.48 – settle an order

Solomon v Burden, 2018 NY Slip Op 07480 (2d Dept. 2018) I have always been intrigued, interested or mystified by how the Courts have treated the

November 7, 2018 No Comments

EIP’s payment of assigned billings confers standing back to EIP

Abruscato v Allstate Prop., 2018 NY Slip Op 07279 (2d Dept. 2018) However, the Supreme Court should have denied that branch of the defendant’s motion which

October 31, 2018 4 Comments

20% deficit is a serious injury

Kholdarov v Hyman, 2018 NY Slip Op 07111 (2d Dept. 2018) “In opposition, the plaintiff submitted the affirmed report of a neurologist who examined the plaintiff

October 31, 2018 No Comments

Court of Appeals upholds dismissal of a 5102(d) case (4-3)

Rosa v Delacruz, 2018 NY Slip Op 07040 (2018) “The order of the Appellate Division should be affirmed, with costs. In support of their motions for

October 25, 2018 No Comments

A procedural gem – affidavit as probative evidence

Hernandez v Ortiz, 2018 NY Slip Op 07075 (1st Dept. 2018) In much of the hyper-technical world of no-fault, the question becomes the quality of the

October 25, 2018 No Comments

Fraudulent procurement of insurance has serious consequences

JEFFREY E. SCHOLES VS. STEPHEN M. HAUSMANN, ET AL, A-0980-17T3 (N. J. App. Div. 2018) “Since plaintiff primarily garaged his vehicle in New Jersey, he was

October 20, 2018 No Comments

Causation on a degeneration

Goodwin v Walter, 2018 NY Slip Op 06643 (4th Dept. 2018) “We further conclude, however, that defendant submitted evidence establishing that plaintiff’s injuries were caused by

October 10, 2018 No Comments

The interesecton of the Note of Issue and timely summary judgment motion

Khan v Macchia, 2018 NY Slip Op 06519 (2d Dept. 2018) (1) “In March 2016, the plaintiff filed a note of issue, accompanied by an affirmation

October 10, 2018 No Comments

Another way to take a default

Citimortgage, Inc. v Gill, 2018 NY Slip Op 06512 (2d Dept. 2018) Most practitioners are accustomed to the downstate method of taking a default: making a

October 10, 2018 No Comments

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