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Boilerplate affidavit mandates triable issue of fact on verification issue

Longevity Med. Supply, Inc. v Allstate Ins. Co., 2015 NY Slip Op 50757(U)(App. Term 2d Dept. 2015) “[a]n affidavit from plaintiff which asserts that material responsive

May 27, 2015 1 Comment

What was the other basis for finding the EUO no shows are invalid?

(1) “Here, defendant alleges that plaintiff’s assignor was scheduled to appear for an EUO on four different dates, that he did not appear at all,

May 27, 2015 No Comments

Medical necessity motion: the door has creaked open a little bit

Gaetane Physical Therapy, P.C. v Great N. Ins. Co., 2015 NY Slip Op 50698(U)(App. Term 2d Dept. 2015) “In opposition to the motion, plaintiff submitted an

May 27, 2015 No Comments

Objective justification not necessary

Longevity Med. Supply, Inc. v Praetorian Ins. Co., 2015 NY Slip Op 50685(U)(App. Term 2d Dept. 2015) “An appearance at an EUO “is a condition precedent

May 27, 2015 1 Comment

Were the services billed for?

(1) “Defendant alleges that it received the claims underlying the first and eighth causes of action on April 5, 2010 and that it denied those

May 27, 2015 No Comments

Complaint stricken on discovery violation – wait until the shoe is on the other foot

Velocity Chiropractic, P.C. v Chubb Indem. Ins. Co., 2015 NY Slip Op 50673(U)(App. Term 2d Dept. 2015) (1) After plaintiff failed to provide the so-ordered discovery responses,

May 27, 2015 No Comments

Tenuous Mallela claim denied

H & H Chiropractic Servs., P.C. v Metropolitan Prop. & Cas. Ins. Co., 2015 NY Slip Op 25132 (Civ. Ct. Queens Co. 2015) Fact “Defendant also

May 27, 2015 1 Comment

No right to appeal.

Matter of State of New York v Richard TT., 2015 NY Slip Op 03591 (2d Dept. 2015) “It is well settled that “[n]o appeal lies from

May 4, 2015 No Comments

The dismissal should have been without prejudice

GMAC Mtge., LLC v Guccione, 2015 NY Slip Op 03500 (2d Dept. 2015) “On September 19, 2011, the Supreme Court, on the record, directed the dismissal

May 4, 2015 No Comments

CPLR 308(2) in action – the successful traverse

Washington Mut. Bank v Murphy, 2015 NY Slip Op 03520 (2d Dept. 2015) (1) “According to the affidavit of service, a copy of the summons and

May 4, 2015 No Comments

Progressive cannot prove they mailed documents

Progressive Cas. Ins. Co. v Infinite Ortho Prods., Inc., 2015 NY Slip Op 03340 (2d Dept. 2015) Assuming this is the standard affidavit, problems have arisen

May 4, 2015 No Comments

The hospital record admission is admissible (not necessarily as a business record)

Robles v Polytemp, Inc., 2015 NY Slip Op 03341 (2d Dept. 2015) “The plaintiff contends that the Supreme Court erred in denying his request, made at

May 4, 2015 No Comments

The missing witness charge

Alli v Full Serv. Auto Repair, LLC, 2015 NY Slip Op 03308 (2d Dept. 2015) The missing witness charge “The plaintiff requested that the Supreme Court

May 4, 2015 No Comments

Watering down 4518(a) to historic lows

Portfolio Recovery Assoc., LLC v Lall, 2015 NY Slip Op 03284 (1st Dept. 2015) For anyone who is worried about what a reversal of Vivanne Etienne

May 4, 2015 No Comments

MVAIC: you must provide coverage

Matter of Alam v Motor Veh. Acc. Indem. Corp., 2015 NY Slip Op 03298 (1st Dept. 2015) “Petitioner was injured after being struck by a vehicle

May 4, 2015 No Comments

Where venue motion is to be brought

“Where a demand to change venue claiming the designation of an improper county is opposed by a plaintiff, any subsequent motion to transfer venue must

May 4, 2015 No Comments

Proofs insufficient under PA law

Quality Psychological Servs. v Infinity Prop. & Cas. Co., 2015 NY Slip Op 50645(U)(App. Term 1st Dept. 2015) “While defendant-insurer submitted proof indicating that it properly

May 4, 2015 No Comments

Non-Receipt and medical necessity

Orthopedic Specialist of Greater NY v Chubb Indem. Ins. Co., 2015 NY Slip Op 50565(U) (1) “We agree that the conflicting medical expert opinions adduced by

May 4, 2015 No Comments

Dismissal for failure to take a default itself failed

Edison Med. Servs., P.C. v Clarendon Natl. Ins. Co., 2015 NY Slip Op 50479(U)(App. Term 2d Dept. 2015) “CPLR 3215 (c) requires that a plaintiff commence

May 4, 2015 No Comments

Alrof strikes

VE Med. Care, P.C. v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 50603(U)(App. Term 2d Dept. 2015) “Defendant’s motion should have been denied,

May 4, 2015 No Comments

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