Blog

Declaratory judgment – ability to oppose the motion en toto?

(1) “Smith lacks standing to appeal from an order granting a default judgment against Lenox, which failed to appear or answer the complaint and

September 16, 2016 No Comments

The missing video

Fox v Grand Slam Banquet Hall, 2016 NY Slip Op 05897 (1st Dept. 2016) (1) “Under the particular circumstances of this case, the court abused its

September 16, 2016 No Comments

New Jersey arbitration statute requires an application for Article 75 relief

St. Chiropractic, P.C. v Geico Gen. Ins. Co., 2016 NY Slip Op 26271 (App. Term 2d Dept. 2016) “Since the insurance policy at issue contains a

September 16, 2016 No Comments

Another unsuccessful 4518(a) challenge

Sin Med., P.C. v Travelers Ins. Co., 2016 NY Slip Op 51246(U)(App. Term 2d Dept. 2016) (1) Contrary to the Civil Court’s conclusion, defendant’s failure to establish

September 16, 2016 No Comments

Claim rep affidavit sufficient to prove no insurance in effect

Compas Med., P.C. v Travelers Ins. Co., 2016 NY Slip Op 51247(U)(App. Term 2d Dept. 2016) “In support of its motion, defendant submitted affidavits by its

September 16, 2016 No Comments

Tolling of interest

Kew Gardens Med & Rehab, P.C. v Country-Wide Ins. Co., 2016 NY Slip Op 51240(U)(App. Term 2d Dept. 2016) (1) “On appeal from the judgment, defendant

September 16, 2016 No Comments

Unpleaded affirmative defense is sufficient

Metro Health Prods., Inc. v Nationwide Ins., 2016 NY Slip Op 51122(U)(App. Term 2d Dept. 2016) “Nationwide had no basis to assert the defenses of collateral

September 16, 2016 1 Comment

MUA with Straniere: Part 2

New Horizon Surgical Ctr., L.L.C. v Allstate Ins. Co., 2016 NY Slip Op 51125(U)(App. Term 2d Dept. 2016) (1) “The sole witness to testify at trial

September 16, 2016 No Comments

A lot here in a Straniere special

New Horizon Surgical Ctr., L.L.C. v Allstate Ins. Co., 2016 NY Slip Op 51124(U)(App. Term 2d Dept. 2016) (1) “This court has held that chiropractors cannot perform

September 16, 2016 No Comments

Discrepancy between the judgment and the decision – decision controls

DJS Med. Supplies, Inc. v Allstate Ins. Co., 2016 NY Slip Op 51123(U)(App. Term 2d Dept. 2016) This case was interesting because, as typically happens in

September 16, 2016 No Comments

An unincorporated solo practitioner using his own social security number.

Hu-Nam-Nam v New York Cent. Mut. Fire Ins. Co., 2016 NY Slip Op 26237 (App. Term 2d Dept. 2016) A billing provider seeking to recover no-fault

September 16, 2016 No Comments

Catching up

The blog has been dormant for about 2 months. As some of you are aware, I suffered tremendous personal issues. Needless to say, the blog

September 16, 2016 1 Comment

Scope of cross-examination

People v Smith, 2016 NY Slip Op 05061 (2016) We often cross-examine medical professionals with all sorts of backgrounds. Some have OPMC issues, some have criminal

July 18, 2016 6 Comments

Judicial notice v. CPLR 4518(c)

Throgs Neck Multicare, P.C. v Mercury Cas. Co., 2016 NY Slip Op 51081(U)(App. Term 2d Dept, 2016) Throgs Neck Multicare, P.C. v Mercury Cas. Co., 2016 NY

July 18, 2016 3 Comments

Failure to preserve argument

Island Life Chiropractic, P.C. v Unitrin Auto & Home Ins. Co., 2016 NY Slip Op 51076(U)(App. Term 2d Dept. 2016) “Island Life’s contention on appeal, in

July 18, 2016 No Comments

Massachusetts law applies

Renelique v Metlife Auto & Home, 2016 NY Slip Op 51075(U)(App. Term 2d Dept. 2016) “Insofar as is relevant to the present case, while Massachusetts law

July 18, 2016 No Comments

Unpleaded defense can serve as basis to move for summary judgmemnt

J.K.M. Med. Care, P.C. v Liberty Mut. Fire Ins. Co., 2016 NY Slip Op 51071(u)(App. Term 2d Dept. 2016) “The rule is that “an unpleaded defense

July 18, 2016 No Comments

EUO no show – discovery is waived when objection not lodged

Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co., 2016 NY Slip Op 51026(U)(App. Term 2d Dept. 2016) “Plaintiff failed to allege, much less

July 13, 2016 No Comments

Mutual rescheduling in between two no shows – valid

City Care Acupuncture, P.C. v Ameriprise Ins. Co., 2016 NY Slip Op 51036(U)(App. Term 2d Dept. 2016) “[p]laintiffs’ assignor had failed to appear for an examination

July 13, 2016 No Comments

When insanity is more persuasive than reason

Atlantic Radiology Imaging, P.C. v Interboro Mut. Ins. Co., 2016 NY Slip Op 51031(U)(App. Term 2d Dept. 2016) I admittedly find the extent that the judges

July 13, 2016 7 Comments

516-750-0595
Se Habla Español

Get In Touch

Practice Areas

Support

About Us

516-750-0595Se Habla Español

Blog

Get In Touch

Practice Areas

Support

About Us

516-750-0595
Se Habla Español