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Waiting to conduct discovery fatal to 3212(f) claim

Williams v New York City Tr. Auth., 2018 NY Slip Op 51286(U) (App. Term 2d Dept. 2018) Inaction is acquiescence. “At the outset, we reject plaintiff’s

October 10, 2018 No Comments

The marathon runner

Heywood v New York City Tr. Auth, 2018 NY Slip Op 06318 (1st Dept. 2018) “Plaintiff’s own deposition testimony showed that she had resumed running within

September 29, 2018 No Comments

The First Department dismisses a medical necessity case

Mingmen Acupuncture Servs., PC v Global Liberty Ins. Co. of N.Y., 2018 NY Slip Op 51358(U)(App. Term 1st Dept. 2018) In opposition, the affidavit of plaintiff’s

September 29, 2018 No Comments

A 65-3.2 sighting

Village Med. Supply, Inc. v Travelers Prop. Cas. Ins. Co., 2018 NY Slip Op 51311(U)(App. Term 1sr Dept, 2018) “Defendant-insurer established its prima facie entitlement to

September 29, 2018 No Comments

This one gave me pause

Matter of MAPFRE Ins. Co. of NY v Callahan, 2018 NY Slip Op 06016 (2d Dept 2018) Facts: “The Supreme Court ordered a framed-issue hearing

September 15, 2018 No Comments

A second affidavit to clarify is allowed

Cuevas v Baruti Constr. Corp., 2018 NY Slip Op 05905 (1st Dept. 2018) “The motion court properly accepted Veras’s second, clarifying affidavit in plaintiff’s submission

August 23, 2018 No Comments

When is reargument granted?

Budoff v City of New York, 2018 NY Slip Op 05817 (2d Dept. 2018) “As the Supreme Court reviewed the merits of the plaintiff’s contentions raised

August 23, 2018 No Comments

An unsigned OSC on appeal – procedure.

Gluck v Hirsch, 2018 NY Slip Op 05828 (2d Dept. 2018) “After oral argument, the court declined to sign the proposed order to show cause, with

August 23, 2018 No Comments

Policy Exhaustion goes to Madison Avenue/Someone from the Insurance Defense side should be putting in Amicu

Ameriprise Insurance Company v Kensington Radiology Group, P.C, 2018 NYSlipOp 80613(U)(1st Dept. 2018) Respondent having moved for leave to appeal to this Court from the decision

August 23, 2018 No Comments

CPLR 2001 again as to pleadings in the dis positive application to the Court

Sensible Choice Contr., LLC v Rodger, 2018 NY Slip Op 05790 (2d Dept. 2018) The trend – and it is logical – is that the defects

August 18, 2018 No Comments

EUO/EBT/ Now I know how much Mr. Moshe makes!

Moshe v Country-Wide Ins. Co.. 2018 NY Slip Op 28220 (Dis. Ct. Nassau Co. 2018) (1) “Plaintiffs bring this plenary action to recover the sum of

July 26, 2018 5 Comments

Second Department once again now recognizes a gap in treatment as a basis to non-suit Plaintiffs

Chiu Yuan Hu v Frenzel, 2018 NY Slip Op 05445 (1st Dept. 2018) “In opposition to the defendant’s prima facie showing, the plaintiff raised triable issues

July 25, 2018 No Comments

Second Department recognizes degeneration as a basis to move for summary judgment

Cavitolo v Broser, 2018 NY Slip Op 05442 (2d Dept. 2018) “In opposition, the plaintiff failed to raise a triable issue of fact. The affirmation of

July 25, 2018 No Comments

Bad Faith and Allstate

Roemer v Allstate Indem. Ins. Co., 2018 NY Slip Op 05392 (3d Dept. 2018) (1) “A covenant of good faith and fair dealing is implicit in

July 21, 2018 No Comments

1.5 million dollar scope and post-concussive injury

Castillo v MTA Bus Co., 2018 NY Slip Op 05134 (2d Dept. 2018) “The plaintiff further testified: “[The bus driver] just slammed me to the back

July 21, 2018 No Comments

A new caveat on the one year period to enter a judgment

Josephson v State Farms Ins. Co., 2018 NY Slip Op 51132(U)(App. Term 2d Dept. 2018) “In this action by a provider to recover assigned first-party no-fault

July 21, 2018 No Comments

A declaratory judgment to nowhere

Jamaica Wellness Med., P.C. v Mercury Cas. Co., 2018 NY Slip Op 51128(U)(App. Term 2d Dept. 2018) Upon a review of the record, we find that,

July 21, 2018 No Comments

Where was the reasonable excuse?

Two cases, differing fact patterns and no showing at all of a reasonable excuse. Right Solution Med. Supply, Inc. v Republic W. Ins. Co., 2018 NY

July 21, 2018 No Comments

Did you go to the funeral?

V.S. Med. Servs., P.C. v Allstate Ins. Co., 2018 NY Slip Op 51124(U)(App. Term 2d Dept. 2018) ‘We note that, although no appeal lies from a

July 21, 2018 No Comments

VA substantive law; NY Procedural law

Acupuncture Now, P.C. v GEICO Ins. Co., 2018 NY Slip Op 51084(U)(App. Term 2d Dept. 2018) “While defendant asserts that Virginia law applies to this case,

July 21, 2018 No Comments

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