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First class mail is sufficient even when certified mailing is returned

MML Med. Care, P.C. v Praetorian Ins. Co., 2014 NY Slip Op 51792(U)(App. Term 2d Dept. 2014) “While the Civil Court held that the tracking numbers

December 23, 2014 No Comments

MVAIC trouble

Central Radiology Servs., P.C. v MVAIC, 2014 NY Slip Op 24402 (App. Term 2d Dept. 2014) “Insofar as is relevant to this appeal, Insurance Law §

December 23, 2014 No Comments

Mailing and the first time “objective” has landed in a medical rational case

Easy Care Acupuncture, P.C. v 21 Century Advantage Ins. Co., 2014 NY Slip Op 51766(U)(App. Term 1st Dept. 2014) (1) The joy of mailing vendors “In

December 23, 2014 1 Comment

On receipt and mailing

Medcare Supply, Inc. v Farmers New Century Ins. Co., 2014 NY Slip Op 51752(U)(App. Term 1st Dept. 2014) (1) You just have to wonder what this

December 23, 2014 1 Comment

CPLR 3216 again

Restoration Sports & Spine v Geico Ins. Co., 2014 NY Slip Op 51729(U)(App. Term 2d Dept. 2014) “Plaintiffs commenced this action to recover assigned first-party

December 12, 2014 No Comments

A timely denial with errors

NYU-Hospital for Joint Diseases v Allstate Ins. Co., 2014 NY Slip Op 08613 (2d Dept. 2014) On October 18, 2012, the plaintiff mailed a copy of

December 12, 2014 No Comments

A true insurance attorney has passed

It is with sadness that I learned about the passing of Norman Dachs. I never had the pleasure of meeting Norman Dachs, Esq. He was

December 11, 2014 1 Comment

Contemporaneous medical records sufficient

Sanchez v Draper, 2014 NY Slip Op 08584 (1st Dept,. 2014) “Plaintiff also submitted certified medical records of the physical therapy and chiropractic treatment he started

December 11, 2014 No Comments

Triable issue of causation established

Vargas v Marte, 2014 NY Slip Op 08561 (2d Dept. 2014) Triable issue of fact on causation “In particular, plaintiff’s surgeon, recognizing that plaintiff had sustained

December 11, 2014 No Comments

It did not work the second time around

Perhaps the only thing worse than leaving your fate in the hands of the Civil Court is to leave your fate at the mercy of

December 4, 2014 1 Comment

Failed to adduce that (s)he was an expert

Flanger v 2461 Elm Realty Corp., 2014 NY Slip Op 08532 (3d Dept. 2014) “Defendant also submitted the affidavit of an alleged expert engineer who opined

December 4, 2014 No Comments

Break in the chain of causation

Kester v Sendoya, 2014 NY Slip Op 08379 (1st Dept. 2014) “While plaintiff’s certified medical records may be referenced to show her complaints and the doctor’s

December 4, 2014 No Comments

Waiver through silence

Grace v New York City Tr. Auth., 2014 NY Slip Op 08362 (1st Dept. 2014) When you sit at the charge conference, make sure you note

December 4, 2014 No Comments

Amendment of caption is allowable

Orthopaedic Specialists of Greater NY, P.C. v Kemper Independence Ins. Co., 2014 NY Slip Op 51683(U)(App. Term 1st Dept. 2014) “Defendant’s motion to dismiss the complaint

December 2, 2014 No Comments

Declaratory judgment action and Special proceeding are identical – dismissal denied

Mordini Estates, Inc. v Punto Zero, Inc., 2014 NY Slip Op 51661(U) “In support of the branch of tenant’s motion seeking to dismiss the petition

November 26, 2014 No Comments

The conclusory statement of non receipt will not non-suit a 45-day case

Easy Care Acupuncture PC v MVAIC, 2014 NY Slip Op 51645(U)(App. Term 1st Dept. 2014) “The action, seeking recovery of assigned first-party no-fault benefits, is

November 26, 2014 No Comments

New Jersey fee schedule is proper as a matter of law

Surgicare Surgical v National Interstate Ins. Co., 2014 NY Slip Op 24362 (Civ. Ct. Bronx Co. 2014) The quick synopsis of this case is that

November 26, 2014 No Comments

Certificate of conformity waived

Todd v Green, 2014 NY Slip Op 08004 (2d Dept. 2014) Law Office of Jason Tenenbaum, P.C, Garden City, N.Y., for appellant. (shameless self promotion) “The

November 20, 2014 4 Comments

Defective notarization

Clarke v Scottsdale Ins. Co., 2014 NY Slip Op 51586(U)(App. Term 2d Dept. 2014) (1) 2309 defect does not matter anymore. “While plaintiff timely objected to

November 16, 2014 1 Comment

Missing document charge not granted

Knight v M & M Sanitation Corp., 2014 NY Slip Op 07631 (2d Dept. 2014) This serious injury trial was problem for Plaintiff on may accounts.

November 16, 2014 No Comments

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