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Aminov v Country Wide Ins. Co., 2014 NY Slip Op 24066 (App. Term 2d Dept 2014) “First, contrary to plaintiff’s argument on appeal, defendant did

March 25, 2014 No Comments

Prima Facie post Etienne

Eagle Surgical Supply, Inc. v Allstate Ins. Co., 2014 NY Slip Op 50343(U)(App. Term 2d Dept. 2014) Method (1): The biller and the NF-10 – Plaintiff

March 18, 2014 10 Comments

Material misrepresentation – via Florida law

Universal Health Chiropractic, P.C. v Infinity Prop. & Cas. Co., 2014 NY Slip Op 50350(U)(App. Term 2d Dept. 2014) No preclusion here. “The vehicle involved in

March 18, 2014 No Comments

No jurisdiction

Does anyone know if this is “the general”? I always hear their commercials. Metro Health Prods., Inc. v Access Gen. Ins. Co., 2014 NY Slip Op

March 18, 2014 No Comments

A re-submission will not get you anywhere

Westchester Med. Ctr. v A Cent. Ins. Co., 2014 NY Slip Op 50347(U)(App. Term 2d Dept. 2014) “Defendant established, through the affidavit of its no-fault litigation

March 18, 2014 No Comments

Workers Compensation Primacy

Great Health Care Chiropractic, P.C. v Lancer Ins. Co., 2014 NY Slip Op 50340(U) All that is required is: “[a] triable issue as to whether plaintiff’s

March 18, 2014 No Comments

Fraudulent procurement and preclusuion

Doctrinally, a fraudulent procurement defense should not be bound by the 30-day pay or deny rule. This is so since the Appellate Division in Kaplun

March 18, 2014 No Comments

EUO no show not timely

When was the last time the Appellate Division cited Westchester v. Lincoln? This Court seeks citing dinosaurs, which have been extinct for awhile now. Clove

March 18, 2014 4 Comments

Marked off and cannot be dismissed on motion

Q-B Jewish Med. Rehabilitation, P.C. v Metlife Ins. Co., 2014 NY Slip Op 50354(U)(App. Term 2d Dept. 2014) CPLR 3404 does not apply to Civil Court

March 18, 2014 No Comments

Biomechanical Engineer allowed to testify

Vargas v Sabri, 2014 NY Slip Op 01666 (1st Dept. 2014) In the world of the use of bio mechanical engineer issues, this case is actually

March 18, 2014 No Comments

EBT denied

Ralph Med. Diagnostics, PC v Mercury Cas. Co., 2014 NY Slip Op 24054 (App. Term 1st Dept. 2014) Well, the CPLR does not apply to

March 10, 2014 8 Comments

Geico v. Avanguard – it is about time.

Geico v. Avanguard – coming to the Appellate Division. How many times have you waited at 167 Willis Avenue, 1205 Franklin Avenue or at a

March 5, 2014 11 Comments

2309(c) – dead for now (maybe?) and the out of state insurer issue

At first, the Appellate Term said it was a fatal defect. Then, they said it was a waivable defect. After that it was held to

March 5, 2014 1 Comment

IME no-show upheld based upon DJ case law **correction**

Stracar Med. Servs. v New York Cent. Mut. Ins. Co., 2014 NY Slip Op 50263(U)(App. Term 1st Dept. 2014) (sorry – this was a first department

February 28, 2014 2 Comments

Stay not granted in declaratory judgment action

Ingram v Miller, 2014 NY Slip Op 01296 (2d Dept. 2014) “Except where otherwise prescribed by law, the court in which an action is pending may

February 26, 2014 No Comments

Summary judgment is limited to what is pleaded upon the moving papers

“Here, in light of the limited basis of the plaintiff’s motion for summary judgment on the complaint, which was premised solely on the defendant’s

February 26, 2014 No Comments

Disclosure

Gumbs v Flushing Town Ctr. III, L.P., 2014 NY Slip Op 01267 (2d Dept. 2014) “Discovery determinations rest with the sound discretion of the motion court

February 26, 2014 No Comments

Discontinuance without prejudice

American Tr. Ins. Co. v Roberson, 2014 NY Slip Op 01144 (2d Dept. 2014) “In general, absent a showing of special circumstances, including prejudice to a

February 22, 2014 No Comments

Waiver of right to arbitrate

Willer v Kleinman, 2014 NY Slip Op 01164 (2d Dept. 2014) You agree to arbitrate or are a forced participant in an arbitration. Assuming there is

February 22, 2014 No Comments

Trial De Novo granted and declaration of non-coverage granted

Allstate Ins. Co. v. Phelps Memorial Hospital, 2013 NY Slip Op 33590(U)(Sup. Ct. Nassau Co. 2013) “This Court conducted a non-jury trial on matter on November

February 21, 2014 2 Comments

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