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Causation defense not substantiated in intercompany arbitration

Matter of DTG Operations, Inc. v Travelers Indem. Co., 2016 NY Slip Op 08967 (1st Dept. 2016) This looks like a case where the Petitioner was

December 30, 2016 No Comments

Why are cariers filing DJ’s against the Anikeyev providers?

I am at a loss when I see a DJ action against this group of medical providers. In one published case, this particular medical provider

December 29, 2016 No Comments

Georgia Law and New York law on material misrepresentations

JCC Med., P.C. v Infinity Group, 2016 NY Slip Op 26439 (App. Term 2d Dept. 2016) (1) It is uncontroverted that defendant had issued a Georgia

December 29, 2016 No Comments

Verdict in favor of Plaintiff sustained

Metropolitan Diagnostic Med. Care, P.C. v Erie Ins. Co. of N.Y., 2016 NY Slip Op 51815(U) (1st Dept. 2016) Facts (1) At a nonjury trial of this

December 29, 2016 2 Comments

Standard for a stay

Tam Med. Supply Corp., As Assignee of Chery Jean v Omni Indem. Co., 2016 NY Slip Op 94592(U)(App. Term 2d Dept. 2016) “ORDERED that the

December 22, 2016 No Comments

Innocent third-party plays out under Pennsylvania law analysis

Healthway Med. Care, P.C. v Infinity Group, 2016 NY Slip Op 51780(U)(App. Term 2d Dept. 2016) “Although defendant’s cross motion papers set forth facts demonstrating that

December 22, 2016 No Comments

Mailing affidavit is wrong

Greenway Med. Supply Corp. v ELRAC, Inc., 2016 NY Slip Op 51774(U)(App. Term 2d Dept. 2016) “Furthermore, while plaintiff argues on appeal that its employee’s affidavit,

December 22, 2016 No Comments

Another EUO bonanza

J.K.M. Med. Care, P.C. v Ameriprise Ins. Co., 2016 NY Slip Op 26424 (App. Term 2d Dept. 2016) (1) “Plaintiff herein was neither named nor served

December 22, 2016 3 Comments

A feckless appeal by Ameriprise

A.C. Med., P.C. v Ameriprise Ins. Co., 2016 NY Slip Op 51787(U) (App. Term 2d Dept. 2016) “Pursuant to the no-fault regulations, “any additional verification required

December 22, 2016 1 Comment

Attorney fee limitations

City Care Acupuncture, P.C. v Allstate Prop. & Cas. Ins. Co., 2016 NY Slip Op 51793(U)(App. Term 2d Dept. 2016) (1) “Appeal, on the ground of

December 22, 2016 No Comments

Mallela limitation case not going to the Court of Appeals

Matter of Allstate Prop. & Cas. Ins. Co. v New Way Massage Therapy P.C., as Assignee of Nancy Febus, 2016 NY Slip Op 94294 (2016)

December 16, 2016 No Comments

Occupied? Pedestrian?

J. Lawrence Constr. Corp. v Republic Franklin Ins. Co., 2016 NY Slip Op 08349 (2d Dept. 2016) (1) “A person remains an occupant of a vehicle,

December 15, 2016 No Comments

Wrong records? Inadmissible opinion

Mezzone v Goetz, 2016 NY Slip Op 08474 (1st Dept. 2016) “However, plaintiff testified that his left foot wound did have pus emanating from the wound

December 15, 2016 No Comments

IME watchdog

IME Watchdog, Inc. v Baker, McEvoy, Morrissey & Moskovits, P.C., 2016 NY Slip Op 08174 (1st Dept. 2016) (1) “There has been no showing that the

December 15, 2016 1 Comment

Adjournments not granted as a matter of course

Adotey v British Airways, PLC, 2016 NY Slip Op 08341 (2d Dept. 2016) (1) “The granting of an adjournment for any purpose rests within the sound

December 15, 2016 No Comments

SUM jury verdict sustained

Pyong Sun Yun v GEICO Ins. Co., 2016 NY Slip Op 08214 (2d Dept. 2016) (1) “At the trial, the plaintiff presented the testimony of his

December 15, 2016 No Comments

Material misrepresentation again

Joseph v Interboro Ins. Co., 2016 NY Slip Op 08050 (2d Dept. 2016) (1) “Based on the information provided by McKayle, Karis completed an application for

December 15, 2016 No Comments

Another Loss Transfer

Matter of Liberty Mut. Fire Ins. Co. v Global Liberty Ins. Co. of N.Y., 2016 NY Slip Op 08078 (2d Dept. 2016) “Here, in response to

December 15, 2016 No Comments

Business record discussion in foreclosures

CitiMortgage, Inc. v McKinney, 2016 NY Slip Op 08037 (2d Dept. 2016) “Stringer further asserted that she was personally familiar with the plaintiff’s record-keeping practices and

December 15, 2016 No Comments

Article 75 review dissected

Golden Earth Chiropractic & Acupuncture, PLLC v Global Liberty Ins. Co. of N.Y., 2016 NY Slip Op 26395 (App. Term 2d Dept. 2016) This was an

December 15, 2016 No Comments

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