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Wells Fargo Bank, N.A. v Frierson, 2017 NY Slip Op 03984 (2d Dept. 2017) “”[I]t is axiomatic that before an order may be enforced, notice of

May 19, 2017 1 Comment

Attorney fees on a DJ

Fiduciary Ins. Co. of Am. v Medical Diagnostic Servs., P.C., 2017 NY Slip Op 03888 (1st Dept. 2017) “While an insured party may recover attorneys’ fees

May 19, 2017 2 Comments

Motion to dismiss not dispositive of summary judgment application

Alvarado v City of New York, 2017 NY Slip Op 03890 (1st Dept. 2017) “As plaintiff now concedes, this Court’s decision on a prior appeal, denying

May 19, 2017 No Comments

DMV license suspensions upheld – Deference

Matter of Acevedo v New York State Dept. of Motor Vehs., 2017 NY Slip Op 03690 (2017) Upon a conviction for a violation of Section 1192

May 11, 2017 No Comments

This is what Perl spoke up against

Lee v Rodriguez, 2017 NY Slip Op 03869 (1st Dept. 2017) “They also submitted evidence that plaintiffs neither reported any injury to the police immediately after

May 11, 2017 No Comments

Intersection between collateral source hearing and no-fault

Having been involved in the thicket of the collateral source hearing, it can be very frustrating to obtain the information and evidence necessary to

May 11, 2017 No Comments

Police report and CPLR 4518(a)

Shehab v Powers, 2017 NY Slip Op 03790 (2d Dept. 2017) “Information in a police accident report is “admissible as a business record so long as

May 11, 2017 No Comments

No-show based upheld despite objection – with a caveat

First Class Med., P.C. v State Farm Mut. Auto. Ins. Co., 2017 NY Slip Op 50593(U)(App. Term 2d Dept. 2017) (1) “At the outset we note

May 11, 2017 2 Comments

No show and non receipt

Progressive Health Chiropractic, P.C. v American Tr. Ins. Co., 2017 NY Slip Op 50603(U)(App. Term 2d Dept. 2017) (1) “we do not consider a mutual rescheduling, which

May 11, 2017 No Comments

Non acupuncture based add on codes – issue of fact

2 & 9 Acupuncture, P.C. v 21st Century Advantage Ins. Co., 2017 NY Slip Op 50599(U)(App. Term 2d Dept. 2017) “Upon a review of the record,

May 11, 2017 No Comments

CPLR 3101(d)(1)

Yampolskiy v Baron, 2017 NY Slip Op 03556 (2d Dept. 2007) “”[A] party’s failure to disclose its experts pursuant to CPLR 3101(d)(1)(i) prior to the filing

May 6, 2017 No Comments

Was there opposition to the default motion?

Turner v Owens Funeral Home, Inc., 2017 NY Slip Op 03128 (1st Dept. 2017) “Because plaintiffs did not submit any opposition to the motions to change

May 6, 2017 No Comments

Interesting decision on insurance carrier fauilure

Gecaj v Gjonaj Realty & Mgt. Corp., 2017 NY Slip Op 03109 “While we concede that, generally, when a defendant provides the summons and complaint to

May 6, 2017 No Comments

Competent opinion of a specialist

Bartolacci-Meir v Sassoon, 2017 NY Slip Op 03040 (1st Dept. 2017) “The nonconclusory opinion of a qualified expert based on competnt evidence that a defendant departed

May 6, 2017 No Comments

Substantiation of diminishment of ROM

Rose v Tall, 2017 NY Slip Op 02947 (1st Dept. 2017) “However, his report is insufficient to raise a triable issue of fact because, on his

May 6, 2017 No Comments

MVAIC issues

No timely notice of claim or leave to file a late notice of claim SML Acupuncture P.C. v MVAIC, 2017 NY Slip Op 50539(U)(App. Term 1st

May 6, 2017 1 Comment

45-day rule denial not sustianed

Utopia Equip. Inc. v Chubb Indem. Ins. Co., 2017 NY Slip Op 50540(U)(App. Term 1st Dept. 2017) “The affidavit of defendant’s claims adjuster failed to describe

May 6, 2017 No Comments

It really was not on consent again

Healthworx Med., P.C. v Auto One Ins. Co., 2017 NY Slip Op 50559(U)(App. Term 2d Dept. 2017) The order itself was numbered. Apparently, after the order

May 6, 2017 No Comments

Default denied based upon quirk of NYCCCA 403 and 404

S & R Med., P.C. v Allstate Prop. & Cas. Ins. Co., 2017 NY Slip Op 50551(U)(App. Term 2d Dept. 2017). I always knew this quirk

May 6, 2017 No Comments

The doctor is not available on Monday/s, can I have another day please?

Brooklyn Chiropractic & Sports Therapy, P.C. v Unitrin Direct Auto Ins. Co., 2017 NY Slip Op 50494(U)(App. Term 2d Dept. 2017) (1) “On the first trial

May 6, 2017 No Comments

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