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Court apparently finds CPLR 3211(a)(4) sufficient to dismiss part of DJ

American Transit Ins. Co. v. Figueroa (Index #: 150603/14)(Sup Ct. NY CO. 2015) The Supreme Court here appeared to be angered at a declaration judgment

June 23, 2015 3 Comments

Preponderance on a Mallela case

Matter of New Century Acupuncture P.C. v Country Wide Ins. Co., 2015 NY Slip Op 50919(U)(App. Term 2d Dept. 2015) “The Court specifically rejects petitioner’s argument

June 22, 2015 No Comments

Up up and away

Arnica Acupuncture, P.C. v Interboro Ins. Co. Motion No: M-6186 Slip Opinion No: 2015 NY Slip Op 76558(U) Decided on June 18, 2015 Appellate Division,

June 22, 2015 No Comments

IME cut off not rebutted

Rummel G. Mendoza, D.C., P.C. v Chubb Indem. Ins. Co., 2015 NY Slip Op 50900(U)(App. Term 1st Dept. 2015) “[defendant] establish[ed] that it timely denied

June 22, 2015 No Comments

Declaratory judgments: the minimum necessary to obtain collateral estoppel effect

Metro Health Prods., Inc v Nationwide Ins., 2015 NY Slip Op 25203 (App. Term 2d Dept. 2015) The short-form order: “[Nationwide]’s unopposed motion for a

June 22, 2015 No Comments

Some fines issued

Longevity Med. Supply, Inc. As Assignee of Osmanli Tamezan v American Tr. Ins. Co., 2015 NY Slip Op 76854(U)(App. Term 2d Dept. 2015) Appellant Longevity Medical

June 21, 2015 No Comments

Unitrin is now followed in the Fourth Department

Interboro Ins. Co. v Tahir, 2015 NY Slip Op 05378 (4th Dept. 2015) LAW OFFICE OF JASON TENENBAUM, P.C., GARDEN CITY (JASON TENENBAUM OF COUNSEL), FOR

June 21, 2015 No Comments

What is a prima facie case? I still do not have an answer

Viviane Etienne Med. Care v Country-Wide Ins. Co., 2015 NY Slip Op 04787 (2015) We are one step closer to day to finally answering this question,

June 11, 2015 2 Comments

Civil judgments cannot be used to question a party’s credibility

Quiroz v Zottola, 2015 NY Slip Op 04627 (2d Dept. 2015) “Moreover, the trial court did not improvidently exercise its discretion in limiting the cross-examination of

June 3, 2015 No Comments

Default judgment vacated

Cary v Cimino, 2015 NY Slip Op 03965 (4th Dept. 2015) I understood the recent Court of Appeals case on this issue (I forgot the name)

May 28, 2015 No Comments

Fraudulent procurement defense precluded

Gutierrez v United Servs. Auto. Assn., 2015 NY Slip Op 50797(U)(App. Term 2d Dept. 2015) “Plaintiff correctly argues that defendant failed to demonstrate that it is

May 28, 2015 No Comments

IME no-show defense folds

Bay Ls Med. Supplies, Inc. v Chubb Indem. Ins. Co., 2015 NY Slip Op 50790(U)(App. Term 2d Dept. 2014) This is the first time I saw

May 28, 2015 No Comments

On the motorcycle and hit again – Is there coverage?

Boyson v. Kwasowsky, 2015 N.Y. Slip Op. 03964 (4th Dept. 2015) Facts: Woman (a passenger) is dropped from motorcycle. Vehicle that motorcycle avoided from hitting

May 27, 2015 No Comments

A distinction between Alrof-Safeco and reality

Harmonic Physical Therapy v Encompass Home & Auto Ins. Co., 2015 NY Slip Op 50733(U)(App. Term 1st Dept. 2015) “Contrary to the motion court’s conclusion, defendant

May 27, 2015 No Comments

The prima facie case in the First Department and sinking of a disclosure based defense

Tutto Anesthesia v American Country Ins. Co., 2015 NY Slip Op 50738(U)(App. Term 1st Dept. 2015) What is there to discover? Did I just say that?

May 27, 2015 No Comments

IME letters do not need to be sent to provider

Pugsley Chiropractic PLLC v MVAIC, 2015 NY Slip Op 50718(U)(App. Term 1st Dept. 2015) (1) Defendant MVAIC made a prima facie showing of entitlement to judgment as

May 27, 2015 No Comments

45-day rule in action (or inaction)

SMB Med. P.C. v Chubb Indem. Ins. Co., 2015 NY Slip Op 50719(U)(App. Term 1st Dept. 2015) “Defendant failed to establish its entitlement to summary judgment

May 27, 2015 No Comments

Taking a stab at our respected jurist from Staten Island

Richard A. Hellander, M.D., P.C. v Metlife Auto & Home Ins. Co., 2015 NY Slip Op 25164 (App. Term 2d Dept. 2015) “In view of some

May 27, 2015 No Comments

Another old fee schedule 20553 reduction case

Alleviation Med. Servs., P.C. v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 50778(U)(App. Term 2d Dept. 2015) “Plaintiff’s main argument on appeal with

May 27, 2015 No Comments

Affidavits of no show are insufficient

T & J Chiropractic, P.C. v Geico Ins. Co., 2015 NY Slip Op 50772(U)(App. Term 2d Dept. 2015) “While defendant submitted properly sworn statements by the

May 27, 2015 1 Comment

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