Blog

CPLR 3404 does not apply

Gaetane Physical Therapy, P.C. v Kemper Auto & Home Ins. Co., 2016 NY Slip Op 50255(U)(App. Term 2d Dept. 2016) “Pursuant to Uniform Rules for New

March 21, 2016 No Comments

An appeal for the sake of an appeal?

Great Health Care Chiropractic, P.C. v Infinity Group, 2016 NY Slip Op 50257(U)(App. Term 2d Dept. 2016) “In order to prevail on its motion for summary

March 21, 2016 No Comments

Judicial notice of the Supreme Court file

IMA Acupuncture, P.C. v Hertz Co., 2016 NY Slip Op 50258(U)(App. Term 2d Dept. 2016) This res judicata decision is interesting because it tests the outer

March 21, 2016 No Comments

An article 75 that went nowhere

Acuhealth Acupuncture, P.C. v New York City Tr. Auth., 2016 NY Slip Op 50297(U)(Sup Ct. Kings Co. 2016) Facts (1) The arbitration “The arbitrator found that

March 21, 2016 1 Comment

Appellate Division opines on lack of medical necessity defense

Arnica Acupuncture PC v Interboro Ins. Co., 2016 NY Slip Op 01434 (1st Dept. 2016) This was my second foray at the Appellate Division (this time

March 2, 2016 2 Comments

Supreme Court held that Medicaid fee schedule applies to CPM rental

In the matter of Accelerated DME Recovery, INC. a/a/o Ana Pleitz v. State Farm Mutual Auto. Ins Co.. Index # 706132/15 (Sup. Ct. Queens Co.

February 26, 2016 2 Comments

Triable issue of fact as to submission of claim

Lenox Hill Radiology v Great N. Ins. Co., 2016 NY Slip Op 50206(U)(App. Term 2d Dept. 2016) (1) “While defendant made a prima facie showing that

February 26, 2016 No Comments

The bad faith boondoggle that we knew was coming

Gutierrez v Government Empls. Ins. Co., 2016 NY Slip Op 01292 (2d Dept. 2016) I would put this in the pile with “Permanent General” and

February 24, 2016 No Comments

The proof of no-show

Metro 8 Med. Equip., Inc. v ELRAC, Inc., 2016 NY Slip Op 50174(U)(App. Term 1st Dept. 2016) “The affidavit of defendant’s chiropractor/acupuncturist, who affirmatively stated that

February 20, 2016 No Comments

Personal knowledge from the First Department

EMA Acupuncture, P.C. v Travelers Ins. Co., 2016 NY Slip Op 50173(U)(App. Term 2d Dept. 2016) “The affirmation of defendant’s attorney failed to describe or demonstrate

February 20, 2016 No Comments

2106 and a prima facie comment

Pugsley Chiropractic PLLC v Merchants Preferred Ins. Co., 2016 NY Slip Op 50167(U)(App. Term 1st Dept. 2016) (1) “The report erroneously identified Dr. Perrie as a

February 20, 2016 No Comments

Scope of testimony regarding “deviations”

Bongiovanni v Cavagnuolo, 2016 NY Slip Op 00638 (2d Dept. 2016) If we are going to work off the assumption that lack of medical necessity in

February 20, 2016 No Comments

A DJ without a purpose

Permanent Gen. Assur. Co. v Thomas, 2016 NY Slip Op 30071(U)(Sup. Ct. NY. Co. 2016) I put this DJ on the same category as the legal

February 17, 2016 No Comments

Substantial compliance satisfied stipulation

Capitol Discount Corp. v McFarlane, 2016 NY Slip Op 50140(U)(App. Term 2d Dept. 2016) “Relieving a party from enforcement of a stipulation of settlement is

February 11, 2016 No Comments

Verification received? I think not.

EMC Health Prods., Inc. v National Liab. & Fire Ins. Co., 2016 NY Slip Op 50132(U)(App. Term 2d Dept, 2016) “However, in opposition to the cross

February 11, 2016 No Comments

Unpreserved argument

Natural Therapy Acupuncture, P.C. v Unitrin Auto & Home Ins. Co., 2016 NY Slip Op 50133(U)(App. Term 2d Dept. 2016) This is really a good argument.

February 11, 2016 No Comments

VTL 313(2)(a) not complied with

Advanced Med. Care, P.C. v Allstate Ins. Co., 2016 NY Slip Op 50130(U)(App. Term 2d Dept. 2016) While defendant’s motion was based on its alleged termination

February 11, 2016 No Comments

Trial de novo summary judgment motion appealed

AutoOne Ins./Gen. Assur. v Eastern Is. Med. Care, P.C., 2016 NY Slip Op 00916 (2d Dept. 2016) The reason I appealed “Contrary to the Supreme Court’s

February 11, 2016 No Comments

Later conflicting statements are “feigned” issues of fact

Mirjani v DeVito, 2016 NY Slip Op 00448 (1st Dept. 2016) “It is axiomatic that statements made by a party in an affidavit, a police report,

February 3, 2016 No Comments

Conditional order striking answer trumps cross-motion for summary judgment

Cps 227 LLC v Brody, 2016 NY Slip Op 00446 (1st Dept. 2016) “Supreme Court properly struck defendant’s answer based on its finding that he failed

February 3, 2016 No 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