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Another acupuncture fee schedule challenge fails

Health Needles Acupuncture, P.C. v GEICO Ins. Co., 2014 NY Slip Op 51864(U)(App. Term 2d Dept. 2014) “On appeal, plaintiff argues that defendant failed to establish

January 3, 2015 No Comments

Proof insufficient to show mailing

Faith Acupuncture, P.C. v Maya Assur. Co., 2014 NY Slip Op 51863(U)(App. Term 2d Dept, 2014) “Plaintiff correctly argues on appeal that the affidavit submitted by

January 3, 2015 No Comments

Interest and attorney fee

Optimal Well-Being Chiropractic, P.C. v MVAIC, 2014 NY Slip Op 51861(U)(App. Term 2d Dept. 2014) “The judgment that was subsequently entered pursuant to the order entered

January 3, 2015 No Comments

Alrof hits Ameriprise

Optimal Well-Being Chiropractic, P.c. v Ameriprise Auto & Home Ins., 2014 NY Slip Op 51858(U)(App. Term 2d Dept. 2014) “Defendant opposed plaintiff’s motion and sought summary

January 3, 2015 No Comments

Paid in full?

Nwulu-Njoku v Azuaru, 2014 NY Slip Op 51878(U)(App. Term 2d Dept. 2014) “Contrary to defendant’s contention, plaintiff’s acceptance of her check did not constitute an accord

January 3, 2015 No Comments

Inability to pay will not allow vacatur of stipulation

Allstate Ins. Co. v McNeil, 2014 NY Slip Op 51875(U)(App. Term 2d Dept. 2014) “Stipulations of settlement are favored by the courts and not lightly cast

January 3, 2015 No Comments

What happened Mr. Rookie?

Healthway Med. Care, P.C. v Travelers Ins. Co., 2014 NY Slip Op 51870(U)(App. Term 2d Dept. 2014) “On its cross motion for summary judgment, the burden

January 3, 2015 No Comments

Another Geffner sighting

Tsimbler v Fell, 2014 NY Slip Op 08982 (2d Dept. 2014) “In opposition, the plaintiff submitted the affidavit of a physician specializing in the field of

December 30, 2014 7 Comments

It is not 5015 but 317

Gershman v Midtown Moving & Storrage, Inc., 2014 NY Slip Op 08959 (2d Dept. 2014) “The defendant did not adequately explain the failure to file with

December 29, 2014 No Comments

Valid excuse for law Office Failure

Madonna Mgt. Servs., Inc. v Naghavi, 2014 NY Slip Op 08965 (2d Dept. 2014) “Here, the defendants have provided a “detailed and credible” explanation for their

December 29, 2014 No Comments

IME no-show substantiated again

AP Orthopedic & Rehabilitation, P.C. v Mercury Cas. Co., 2014 NY Slip Op 51794(U)(App. Term 2d Dept. 2014) “The Civil Court denied defendant’s motion and plaintiff’s

December 26, 2014 No Comments

From the eyes of the insured has its limits

Nationwide Gen. Ins. Co. v Pontoon, 2014 NY Slip Op 09001 (2d Dept. 2014) “The referee incorrectly concluded that GEICO was required to submit evidence that

December 25, 2014 5 Comments

A good causation case

Jones v MTA Bus Co., 2014 NY Slip Op 08915 (1st Dept. 2014) As for plaintiff’s other claimed injuries, defendants met their burden by relying

December 25, 2014 No Comments

First Department upholds EUO DJ victory

Allstate Ins. Co. v Pierre, 2014 NY Slip Op 08921 (1st Dept. 2014) “Plaintiff established that defendants are not entitled to no-fault benefits because their assignors

December 23, 2014 5 Comments

Quality or Amex?

True-Align Chiropractic Care, P.C. v Country Wide Ins. Co., 2014 NY Slip Op 51821(U)(App. Term 2d Dept. 2014) “Finally, contrary to plaintiff’s argument with respect to

December 23, 2014 No Comments

No-show failed the Alrof test

Great Health Care Chiropractic, P.C. v Hertz Co., 2014 NY Slip Op 51814(U)(App. Term 2d Dept. 2014) “However, defendant failed to establish its entitlement to summary

December 23, 2014 No Comments

Unpreserved and without merit

Boris Kleyman Physician, P.C. v IDS Prop. Cas. Ins. Co., 2014 NY Slip Op 51810(U)(App. Term 2d Dept. 2014) “Defendant’s contention that plaintiff did not establish

December 23, 2014 1 Comment

A worthless preclusion order

Optimal Well-Being Chiropractic, P.C. v Chubb Indem. Ins. Co., 2014 NY Slip Op 51807(U)(App. Term 2d Dept. 2014) “Defendant’s only argument on appeal with respect to

December 23, 2014 3 Comments

Incorrect zipcode is fatal to mailing of the letters

Delta Diagnostic Radiology, P.C. v Citiwide Auto Leasing, 2014 NY Slip Op 51801(U)(App. Term 2d Dept. 2014) “The record establishes that, after plaintiff had submitted its

December 23, 2014 No Comments

EUO objections *may* be futile

Eagle Surgical Supply, Inc. v Allstate Ins. Co., 2014 NY Slip Op 51798(U)(App. Term 2d Dept. 2014) “On appeal, plaintiff contends that the EUO scheduling letters

December 23, 2014 No Comments

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