Blog

Additional verification letters were mailed and proof of non-receipt was insufficient

E4 Servs., Inc. v National Liab. & Fire Ins. Co., 2014 NY Slip Op 51124(U)(App. Term 1st Dept. 2014) “In opposition, plaintiff’s “denial of receipt,

August 6, 2014 No Comments

IME no-show (First Department)

Sunrise Acupuncture, P.C. v Encompass Auto & Home Ins. Co., 2014 NY Slip Op 51082(U)(App. Term 1st Dept. 2014) “The defendant-insurer made a prima facie showing

July 22, 2014 No Comments

Walking out of an EUO leads to a disclaimer and a whole lot more

American States Ins. Co. v Huff, 2014 NY Slip Op 05366 (1st Dept. 2014) (1) “[p]laintiff’s motion for summary judgment as sought a declaration that plaintiff

July 17, 2014 5 Comments

EUO no show sustained

American Tr. Ins. Co. v Cartagena, 2014 NY Slip Op 31696(U)(Sup. Ct. NY Co. 2014) “Plaintiff AMERICAN TRANSIT INSURANCE COMPANY in this declaratory judgment action

July 8, 2014 No Comments

Another Golia on the bench

People v Cruz, 2014 NY Slip Op 24175 (Crim Ct. Queens Co. 2014) My first citing of an opinion from Hon. Donna Marie Golia a/k/a Donna

July 7, 2014 6 Comments

Discovery sanction of dismissal was warranted

Jamhil Med., P.C. v Allstate Ins. Co., 2014 NY Slip Op 51028(U)(App. Term 2d Dept. 2014) “Defendant subsequently moved to dismiss the complaint, pursuant to CPLR

July 7, 2014 No Comments

Statute of Limitations defense was SOL

Dyckman Med. Diagnostic/Treatment, P.C. v Granite State Ins. Co., 2014 NY Slip Op 51026(U)(App. Term 2d Dept. 2014) (1) “A defendant seeking summary judgment dismissing a

July 7, 2014 No Comments

Surgery was done so well that plaintiff lost his day in court

Acosta v Vidal, 2014 NY Slip Op 05025 (1st Dept. 2014) “[h]e failed to address the conflicting findings made by plaintiff’s physical therapist of normal

July 6, 2014 No Comments

No reasonable excuse found

DTG Operations, Inc. v Excel Imaging, P.C., 2014 NY Slip Op 05030 (1st Dept. 2014) (1) “In this declaratory judgment action seeking a declaration that

July 6, 2014 No Comments

Prima facie case

J.C. Healing Touch Rehab, P.C. v Amica Mut. Ins. Co., 2014 NY Slip Op 50969(U)(App. Term 2d Dept. 2014) “While the supporting affidavit by plaintiff’s

July 6, 2014 No Comments

Timely denials necessary and a citation to Westchester/Lincoln

Clinton Place Med., P.C. v New York Cent. Mut. Fire Ins. Co., 2014 NY Slip Op 50954(U)(App. Term 2d Dept. 2014) “A review of the

July 6, 2014 1 Comment

Partial summary judgment declined after motion

Pollenex Servs., Inc. v GEICO Gen. Ins. Co., 2014 NY Slip Op 50953(U)(App. Term 2d Dept. 2014) “Upon a review of the record, we find

July 6, 2014 2 Comments

An ALROF citing

SP Chiropractic, P.C. v IDS Prop. & Cas. Ins. Co., 2014 NY Slip Op 50952(U)(App. Term 2d Dept. 2014) Because defendant failed to submit proof

July 6, 2014 1 Comment

Where did 4518 come from?

Eagle Surgical Supply, Inc. v Allstate Prop. & Cas. Ins. Co., 2014 NY Slip Op 50950(U)(App. Term 2d Dept. 2014) “Contrary to plaintiff’s sole contention

July 6, 2014 1 Comment

Notice of Entry is not what some think it means

All Boro Psychological Servs., P.C. v Travelers Prop. Cas. Co. of Am., 2014 NY Slip Op 24161 (App. Term 2d Dept. 2014) (1) In this

July 6, 2014 No Comments

Posts will resume this weekend

To my readers: I am sorry for the two plus week delay in postings. I am already hearing and reading about it. I have no

July 3, 2014 2 Comments

The absence of an expert is fatal to prove causation

Donoso v Motor Veh. Acc. Indem. Corp., 2014 NY Slip Op 04071 (1st Dept 2014) Plaintiff claims that she suffered permanent consequential and significant limitations

June 13, 2014 4 Comments

No-show substantiated

MDJ Med., P.C. v Praetorian Ins. Co., 2014 NY Slip Op 50895(U)(App. Term 1st Dept. 2014) “The defendant-insurer made a prima facie showing of entitlement

June 9, 2014 1 Comment

Ground rule 11 and the IME cut off

Triumph Assoc. Physical Therapy, P.C. v New York Cent. Mut. Fire Ins. Co., 2014 NY Slip Op 50875(U)(App. Term 2d Dept. 2014) (1) This either

June 9, 2014 No Comments

Stipulation does not serve as collateral estoppel

All Boro Psychological Servs., P.C. v Allstate Ins. Co., 2014 NY Slip Op 50870(U)(App. Term 2d Dept. 2014) Remember the stipulation where the releasee agreed

June 9, 2014 No Comments

516-750-0595
Se Habla Español

Get In Touch

Practice Areas

Support

About Us

516-750-0595Se Habla Español

Blog

Get In Touch

Practice Areas

Support

About Us

516-750-0595
Se Habla Español