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Timeliness of amended motion measured from the first motion

Healthy Way Acupuncture, P.C. v 21st Century Indem. Ins. Co., 2017 NY Slip Op 50204(U)(App. Term 2d Dept, 2017) “In this action by a provider to

February 27, 2018 No Comments

Good hands people launched a less than laudable appeal

Allstate Ins. Co. v Longevity Med. Supply, Inc., 2018 NY Slip Op 50238(U)(App. Term 1st Dept. 2018) “There was a rational basis, based on the no-fault

February 24, 2018 No Comments

Use and operation, again

Matter of New York City Tr. Auth. v Physical Medicine & Rehab of NY PC, 2018 NY Slip Op 01260 (1st Dept. 2018) “Contrary to petitioner’s

February 24, 2018 1 Comment

Carothers to the COA (I missed it)

Andrew Carothers, M.D., P.C. v Progressive Insurance Company, 2017 NY Slip Op 90794(U)(2d Dept. 2017) For some reason, I missed this decision and order. I read

February 21, 2018 No Comments

Familiarity with predecessor business record practice

US Bank N.A. v Ballin, 2018 NY Slip Op 01212 (2d Dept 2018) “Thrasher averred, in relevant part, that her affidavit was based upon her review

February 21, 2018 No Comments

Mailing – CPLR 4518(a)

Bank of Am., N.A. v Wheatley, 2018 NY Slip Op 01175 (2d Dept. 2018) “The plaintiff failed to make the requisite showing. In support of its

February 21, 2018 No Comments

Facebook is discoverable upon a proper foundation

Forman v Henkin, 2018 NY Slip Op 01015 (2018) The Court has now laid the proper foundation that is required for Facebook material to be discoverable.

February 19, 2018 No Comments

A 325(d) case outside the equity jurisdiction of supreme Court cannot be ruled upon by an Acting Supreme Court Justice

Caffrey v North Arrow Abstract & Settlement Servs., Inc., 2018 NY Slip Op 01043 (2d Dept. 2018) This is a fascinating case involving an Acting Supreme

February 19, 2018 No Comments

Failure to include order/judgment with declaration is fatal

Active Chiropractic, P.C. v 21st Century Ins. Co., 2018 NY Slip Op 50200(U)(App. Term 2d Dept. 2018) Many times the Court will write motion granted settled

February 19, 2018 No Comments

Avoiding the 120-day rule to make a summary judgment motion

Active Chiropractic, P.C. v Allstate Ins., 2018 NY Slip Op 50201(U)(App. Term 2d Dept. 2018) “Initially, we note that, although defendant’s motion was denominated as one

February 19, 2018 No Comments

8 units per diem – the Workers Compensation Board has spoken

First, I must give a hat tip to an unnamed source at DFS who (1) Reads my blog; (2) Listens to me lament about certain

February 14, 2018 1 Comment

20-days means just that

Matter of Ameriprise Ins. Co. v Sandy 2018 NY Slip Op 00828 (2d Dept. 2018) “Where an insurance policy contains an agreement to arbitrate, CPLR

February 10, 2018 No Comments

New evidence used in reply – an angry court appears

Matter of Hereford Ins. Co. v Vazquez, 2018 NY Slip Op 00909 (1st Dept. 2018) “In reply, Hereford submitted documents demonstrating that the Mercedes had been

February 10, 2018 5 Comments

Interest was not tolled

Eagle Surgical Supply, Inc. v Country-Wide Ins. Co., 2018 NY Slip Op 50157(U)(App. Term 2d Dept, 2018) “The Civil Court denied defendant’s requests, and a judgment

February 8, 2018 No Comments

An appeal that really went nowhere

Pro-Med Med., P.C. v MVAIC, 2018 NY Slip Op 50152(U)(App. Term 2d Dept, 2018) I remember a certain attorney who worked at the within Plaintiff firm

February 8, 2018 No Comments

DJ went south

Unitrin Advantage Ins. Co. v All of NY, Inc., 2018 NY Slip Op 00810 (1st Dept. 2018) In the approximately 10 years, since Unitrin brought the

February 7, 2018 4 Comments

Tolling of interest due to failure to prosecute

Delta Diagnostic Radiology, P.C. v Country-Wide Ins. Co., 2018 NY Slip Op 50118(U)(App. Term 2d Dept. 2018) No-fault statutory prejudgment interest accrues upon overdue first-party no-fault

February 5, 2018 No Comments

Hearsay – business records

People v Jones, 2018 NY Slip Op 00710 (4th Dept. 2018) “First, the court “erred in admitting in evidence a printout of electronic data that was

February 5, 2018 No Comments

Fee Schedule/not precluded

Oleg’s Acupuncture, P.C. v Hereford Ins. Co., 2018 NY Slip Op 50095(U)(App. Term 2d Dept. 2018) “Defendant supported its cross motion with an affidavit by its

January 26, 2018 No Comments

Policy voided

Utopia Equip. Inc. v Ocean Harbor Cas. Ins. Co., 2018 NY Slip Op 50080(U)(App. Term 1st Dept. 2018) “Defendant’s submissions included an affidavit of its claims

January 26, 2018 No Comments

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