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A staged accident raises an issue of fact

Easy Care Acupuncture, PC v Hartford Ins. Co., 2017 NY Slip Op 51470(U)(App. Term 1st Dept. 2017) This first party, no-fault action is not susceptible to

November 4, 2017 No Comments

A business record can be anything

Here is an irony. Now that the notion of a business record plays a minimal role in no-fault practice, where do we now see intense

November 4, 2017 No Comments

It was not proven that the surgery was not medically necessary

Surgicare Surgical Assoc. of Fair Lawn v State Farm Fire & Cas. Co., 2017 NY Slip Op 32202(U)(Krauss, J.) Surgery denials on medical necessary grounds are

October 28, 2017 No Comments

The electrodiagnostic service was not medically appropriate

Cappello v Global Liberty Ins. Co. of N.Y., 2017 NY Slip Op 51415(U)(App. Term 1st Dept. 2017) (1) “At trial, Dr. Notabartolo testified that in his

October 28, 2017 No Comments

Failure to cooperate

Country-Wide Ins. Co. v Gotham Med., P.C., 2017 NY Slip Op 07538 (1st Dept. 2017) (1) “The refusal by defendant’s principal, Dr. Alexandre Scheer, to answer

October 28, 2017 4 Comments

Attacking the experts

Montas v Abouel-Ela, 2017 NY Slip Op 07413 (1st Dept. 2017) “Plaintiff has not demonstrated conduct by defendant’s counsel that would warrant reversal. Defendant’s counsel was

October 28, 2017 No Comments

An expert who saw plaintiff once may testify

“At the damages trial, the plaintiff testified as to his symptoms and complaints. His expert, Jerry Lubliner, who was board-certified in orthopedic surgery and

October 23, 2017 No Comments

Preclusion of bio-mechanical opinion

Dovberg v Laubach, 2017 NY Slip Op 07238 (2d Dept. 2017) (1) “Prior to the commencement of a trial on the issue of damages, the defendants

October 23, 2017 No Comments

Priority of payment

Easy Care Acupuncture, PC v MVAIC, 2017 NY Slip Op 51346(U)(App. Term 1st Dept. 2017) “The parties’ respective submissions reveal the existence of triable issues of

October 13, 2017 No Comments

Statute of Limitations – three versus six?

Contact Chiropractic, P.C., as Assignee of Girtha Butler v N. Y. City Tr. Auth., 2017 NY Slip Op 88572 (2017) Apparently, an entity that has NO

October 13, 2017 No Comments

Another silly appeal

Narvaez v Sammartino, 2017 NY Slip Op 07187 (1st Dept. 2017) Put this one in the file for “s” for silly. “The motion court properly exercised

October 12, 2017 No Comments

A new 68.6 is coming next year

Rationality has finally reached us with the crazy New Jersey situation. This will be published tomorrow and will be effect 1/8/18. Over billing beware.

October 10, 2017 2 Comments

2309 again – nothing different today

Donsimoni v Fall, 2017 NY Slip Op 07092 (1st Dept. 2017) “The fact that plaintiff’s lone affidavit of merit in opposition to defendant’s summary judgment was

October 10, 2017 4 Comments

When EUO counsel is not an attorney

Venture v Preferred Mut. Ins. Co., 2017 NY Slip Op 06594 (1st Dept. 2017) At its core, Venture stands for the proposition that EUO counsel’s

October 10, 2017 1 Comment

First sighting of 120-day rule

TAM Med. Supply Corp. v Tri State Consumers Ins. Co., 2017 NY Slip Op 51247(U)(App. Term 2d Dept. 2017) “In this action by a provider to

October 3, 2017 2 Comments

New trial with a twist on a medical necessity claim

Promed Orthocare Supply, Inc. v Geico Ins. Co., 2017 NY Slip Op 51264(U)(App. Term 1st Dept. 2017) “The Civil Court erred in refusing to consider expert

October 2, 2017 No Comments

Repriced CPT Code 64550

Compas Med., P.C. v 21st Century Ins. Co., 2017 NY Slip Op 51228(U)(App. Term 2d Dept. 2017) “Contrary to plaintiff’s further argument, defendant’s proof was sufficient

October 2, 2017 1 Comment

Untimely EUO demands

LMS Acupuncture, P.C. v Titan Ins. Co., 2017 NY Slip Op 51229(U)(App. Term 2d Dept, 2017) “Plaintiff correctly argues on appeal that defendant failed to

October 2, 2017 3 Comments

Acupuncture that is broken down by code

Charles Deng Acupuncture, P.C. v 21st Century Ins. Co., 2017 NY Slip Op 51252(U)(App. Term 2d Dept. 2017) (1)”In this action by a provider to recover

October 2, 2017 No Comments

Workers Compensation from the First Department

AEE Med. Diagnostic, P.C. v Travelers Prop. Cas. Co. of Am., 2017 NY Slip Op 51209(U)(App. Term 1st Dept. 2017) “Defendant’s submissions in support of its

September 25, 2017 2 Comments

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