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Put on a case at your own risk after the Plaintiff rests

People v Stone, 2015 NY Slip Op 08205 (3d Dept. 2015) The defendant cured the deficiencies in Plaintiff’s proof through putting on an affirmative case. The

November 17, 2015 No Comments

Familiar theme on experts and 2106

Lopez v Gramuglia, 2015 NY Slip Op 08068 (1st Dept. 2015) Familiar lesson here. An expert can generally opine about all areas of medicine. The other

November 11, 2015 No Comments

Judge Judy’s son threw a tantroom

Levy v Smith, 2015 NY Slip Op 07824 (2d Dept. 2015) I usually relegate this stuff to my Facebook page, but Judge Judy’s son (the Republican

November 4, 2015 1 Comment

Sanctioned for good reason?

Sanctioned for frivolity or ignorance? Ultimate Health Prods., Inc. As Assignee of Ansel Leslie v American Tr. Ins. Co., 2015 NY Slip Op 87796(U)(App. Term 2d

October 30, 2015 No Comments

A CPLR 3101 lesson

Cruz v City of New York, 2015 NY Slip Op 07910 (1st Dept, 2015) This one is interesting. The usual notion is that the failure to

October 30, 2015 No Comments

Unitrin citing that hits upon the Longevity factors

Easy Care Acupuncture P.C. v Praetorian Ins. Co., 2015 NY Slip Op 51524(U)(App. Term 1st Dept. 2015) “Contrary to plaintiff’s specific contention, defendant was entitled to

October 30, 2015 No Comments

Personal knowledge and other appropriate means

Acupuncture Pain Mgt., P.C. v Kemper Cas. Ins. Co., 2015 NY Slip Op 51522(U)(App. Term 1st Dept. 2015) The Court limited the issue to following: “Contrary

October 30, 2015 No Comments

Failure to enter a default excused

Linden Equip., Inc. v Praetorian Ins. Co., 2015 NY Slip Op 51545(U)(App. Term 1st Dept. 2015) “Although plaintiff failed to move for entry of a default

October 30, 2015 No Comments

Discontinuance (CPLR 3217)

Walden-Bailey Chiropractic v Erie Ins. Co., 2015 NY Slip Op 25353 (App. Term 2d Dept. 2015) “Generally, courts are reluctant to compel a party to litigate

October 30, 2015 No Comments

What is “other appropriate means”?

Compas Med., P.C. v Travelers Ins. Co., 2015 NY Slip Op 51568(U)(App. Term 2d Dept. 2015) “While defendant submitted a sworn statement by the attorney who

October 30, 2015 No Comments

New Jersey fee schedule prevails

Surgicare Surgical Assoc. v National Interstate Ins. Co., 2015 NY Slip Op 25338 (App. Term 1st Dept. 2015) (1) “Insurance Department regulation (11 NYCRR) § 68.6

October 12, 2015 1 Comment

EUO & IME no show

Compas Med., P.C. v Praetorian Ins. Co., 2015 NY Slip Op 51467(U)(App. Term 2d Dept. 2015) “The Civil Court denied plaintiff’s motion, granted the branch of

October 6, 2015 No Comments

Sanctions and a very annoyed court

I guess when you write many briefs, you forgot to change your template to accord your legal arguments to the actual facts. Ultimate Health Prods.,

October 6, 2015 2 Comments

The Reply that introduced a proper reply was itself proper

SAL Med., P.C. v Clarendon Natl. Ins. Co., 2015 NY Slip Op 51449(U)(App. Term 2d Dept. 2015) “The defect in one of the peer review reports

October 6, 2015 No Comments

The errant notice to admit

Metro Health Prods., Inc. v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 51451(U)(App. Term 2d Dept. 2015) “On March 19, 2012, after plaintiff

October 6, 2015 No Comments

Unitrin citing in the Second Department

Metro Health Prods., Inc. v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 51419(U)(App. Term 2d Dept. 2015) Do not get too excited; anyway,

October 6, 2015 No Comments

Lawsuit does not stand against assignor who no-showed to EUOs

Sunlight Med. Care, P.C. v Esurance Ins. Co., 2015 NY Slip Op 51410(U) (App. Term 2d Dept. 2015) “While plaintiff argues on appeal that the branch of

October 6, 2015 No Comments

Another Alrof citing

Clove Med. Supply, Inc. v IDS Prop. Cas. Ins. Co., 2015 NY Slip Op 51401(U)(App. Term 2d Dept. 2015) “Because defendant failed to submit proof by

October 6, 2015 No Comments

Unsworn letters not enough

Innovative MR Imaging, P.C. v Praetorian Ins. Co., 2015 NY Slip Op 51402(U)(App. Term 1st Dept. 2015) “In opposition to defendant’s motion, plaintiff submitted two letters

October 6, 2015 No Comments

Additional verification not produced is probative of nothing

Compas Med., P.C. v Praetorian Ins. Co., 2015 NY Slip Op 51403(U)(App. Term 2d Dept. 2015) “In support of the branch of defendant’s cross motion seeking

October 6, 2015 No Comments

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