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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

“reasonable hypothesis” standard under Ins Law 5105

Technology Ins. Co. v Countrywide Ins. Co., 2016 NY Slip Op 00058 (1st Dept. 2016) “The arbitration award is supported by the “reasonable hypothesis,” drawn from

February 3, 2016 No Comments

How much is enough to satisfy 3101(d)?

Conway v Elite Towing & Flatbedding Corp. 2016 NY Slip Op 00470 (2d Dept. 2016) Generally in personal injury and no-fault litigation, the report of the

February 3, 2016 No Comments

Statute of limitations

Contact Chiropractic, P.C. v New York City Tr. Auth., 2016 NY Slip Op 00325 (2d Dept. 2016) “The Appellate Term correctly determined that an action by

February 3, 2016 2 Comments

IDS?

IDS Prop. Cas. Ins. Co. v Metro Health Prods., Inc., 2016 NY Slip Op 50089(U)(App. Term 1st Dept. 2016) “We find no cause to disturb the

February 3, 2016 No Comments

CPLR 3211(a)(5) motion converted to CPLR 3212 motion

Renelique v State-Wide Ins. Co., 2016 NY Slip Op 50095(U)(App. Term 2d Dept. 2015) This is interesting for a myriad of reasons. It is the first

February 3, 2016 No Comments

Choice of law – Florida prevails allowing retroactive recission

Compas Med., P.C. v Infinity Group, 2016 NY Slip Op 50042(U)(App. Term 2d Dept. 2016) Florida law prevails again, and the decision makes sense. I imagine

February 3, 2016 1 Comment

The boilerplate “I mailed the verification letters”

J.C. Healing Touch Rehab, P.C. v American Tr. Ins. Co., 2016 NY Slip Op 50033(U)(App. Term 2d Dept. 2016) “Defendant also demonstrated prima facie that it

February 3, 2016 No Comments

One month delay in posting – reasonable excuse established

Sounds like a post for a good case? Sorry. Even the pressures of life can keep me from posting. I will probably never abandon this

February 1, 2016 2 Comments

Degeneration was not really that

Armella v Olson, 2015 NY Slip Op 09467 (App. Term 2d Dept. 2015) “Plaintiff submitted the affidavit of his treating physician, who reviewed plaintiff’s cervical

December 28, 2015 No Comments

Was the missed EUO really a miss?

Excel Imaging, P.C. v Allstate Ins. Co., 2015 NY Slip Op 51896(U)(App. Term 2d Dept. 2015) (1) “Here, defendant alleges that plaintiff’s assignor failed to

December 28, 2015 No Comments

Depositions granted – First department precedent eschewed

Huntington Regional Chiropractic, P.C. v Mercury Cas. Co., 2015 NY Slip Op 51900(U)(App. Term 2d Dept. 2015) “With respect to the branch of defendant’s motion

December 28, 2015 1 Comment

Unsettled order fails to dismiss Civil Court action

Promed Orthocare Supply, Inc. v AIG Advantage Ins. Co., 2015 NY Slip Op 51886(U)(App. Term 2d Dept. 2015) “Upon a review of the record, we

December 28, 2015 No Comments

Failure to comply with PA law

New Way Med. Supply Corp. v Infinity Group, 2015 NY Slip Op 51880(U)(App. Term 2d Dept. 2015) “In Pennsylvania, in order for an insurance policy

December 28, 2015 1 Comment

Dismissal on arbitration grounds should be made through CPLR 7503

Natural Therapy Acupuncture, P.C. v Geico Ins. Co., 2015 NY Slip Op 25425 (App. Term 2d Dept. 2015) “In Bay Med, P.C., this court held

December 28, 2015 1 Comment

Mallela limited to Mallela

Matter of Allstate Prop. & Cas. Ins. Co. v New Way Massage Therapy P.C., 2015 NY Slip Op 09184 (1st Dept. 2015) “Whether or not the

December 21, 2015 4 Comments

Failure of an expert to comply with the subpoena

Herman v Moore, 2015 NY Slip Op 09352 (1st Dept. 2015) “Finally, while Dr. Elkin did not, as plaintiff suggests, testify that she “destroyed” her

December 21, 2015 No Comments

Why a substitute IME doctor is not allowed

(Editor note: original post said “now” allowed. I meant “not” allowed) It always seemed common sense that a substitute IME doctor would not be allowed.

December 21, 2015 No Comments

The Rybak verification affidavit strikes again

Compas Med., P.C. v Praetorian Ins. Co., 2015 NY Slip Op 51776(U)(App. Term 2d Dept. 2015) “However, in opposition to the cross motion, plaintiff submitted an

December 16, 2015 1 Comment

Motion to restore granted upon erroneous settlement marking

GLM Med., P.C. v Geico Gen. Ins. Co., 2015 NY Slip Op 25405 (App. Term 2d Dept. 2015) (1) “In this action by a provider to

December 16, 2015 No Comments

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