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

General non-cooperation denial held to be timely despite it being issued quite untimely

Country-Wide Ins. Co. v Preferred Trucking Servs. Corp., 2014 NY Slip Op 01099 (2014) “The present appeal, on the other hand, involves disclaimer for noncooperation by

February 21, 2014 No Comments

The vague and conclusory denial again

Wyckoff Hgts. Med. Ctr. v Government Empls. Ins. Co., 2014 NY Slip Op 01166 (2d Dept. 2014) “However, in opposition, the defendant raised a triable issue

February 21, 2014 No Comments

Late motion to strike note of issue can be considered

Sansone v Sansone, 2014 NY Slip Op 00982 (2d Dept. 2014) “The plaintiff failed to demonstrate that she served her motion, inter alia, to vacate the

February 15, 2014 1 Comment

Lost wage claim requires affirmative proof of disability

Gordon v Chubb Group of Ins. Co., 2014 NY Slip Op 00894 (1st Dept. 2014) The trial court found plaintiff not credible on the issue of

February 11, 2014 No Comments

Existence of insurance coverage does not defeat summary judgment motion

North Shore Univ. Hosp. At Manhasset v Austin, 2014 NY Slip Op 50123(U)(App. Term 2d Dept. 2014) So you go to the doctor and they accept

February 11, 2014 No Comments

EUO no show substantiated

Natural Therapy Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co., 2014 NY Slip Op 50134(U)(App. Term 2d Dept. 2014) “Contrary to plaintiff’s argument, the affidavits

February 11, 2014 No Comments

Another peer hearsay case

Alev Med. Supply, Inc. v Government Employees Ins. Co., 2014 NY Slip Op 50130(U) “Contrary to plaintiff’s arguments, the Civil Court properly overruled plaintiff’s hearsay objection

February 11, 2014 No Comments

An account stated requires admissible evidence of the account that is stated

Discover Bank v Maler, 2014 NY Slip Op 50144(U)(App. Term 2d Dept. 2014), A no-fault bill was once analogized to an account stated. In Etienne, we

February 11, 2014 No Comments

Staten Island Chiro – what a web you weaved and what a great investigation we did

Staten Island Chiropractic v. American Tr. Ins. Co. It is story time here on the blog. I dedicate this post to the work of my

February 9, 2014 No Comments

Peer report is sufficient to prima facie prove lack of serious injury (Ins Law Sec. 5102[d])

Fisher v Hill, 2014 NY Slip Op 00830 (4th Dept. 2014) It is infrequent that I post on the serious injury threshold. But a Plaintiff on

February 8, 2014 No Comments

Attorney drafted 3101(d) in malpractice action insufficient to defeat summary judgment

Bacani v Rosenberg, 2014 NY Slip Op 00737 (1st Dept. 2014) “As this Court previously found, the opinions of plaintiffs’ expert, Dr. Harrigan, failed to raise

February 8, 2014 No Comments

A chiropractor may manipulate areas other than the vertebral column?

Perez v Fitzgerald, 2014 NY Slip Op 00744 (1st Dept. 2014) This is a chiropractor malpractice case and the Appellate Division held that the 3 year

February 8, 2014 No Comments

No personal knowledge of the practice and procedure to mail the suspension notice results in vacatur of conviction

People v Francis, 2014 NY Slip Op 00682 (2d Dept. 2014) In order to support a conviction of aggravated unlicensed operation of a motor vehicle

February 5, 2014 No Comments

Another Prima facie again

Nyack Hosp. v Allstate Ins. Co., 2014 NY Slip Op 00641 (2d Dept. 2014) (1) “By failing to timely contest, at the claims stage, the

February 5, 2014 2 Comments

A formulation of a prima facie case

New York Hosp. Med. Ctr. of Queens v Allstate Ins. Co., 2014 NY Slip Op 00640 (2d Dept. 2014) “The plaintiffs’ submissions included a postal

February 5, 2014 No Comments

Another prima facie case – refining Etienne

New York Hosp. Med. Ctr. of Queens v QBE Ins. Corp., 2014 NY Slip Op 00639 (2d Dept. 2014) “The plaintiffs made a prima facie

February 5, 2014 No Comments

Notice of Trial stricken

Tahir Med., P.C. v Central Mut. Fire Ins. Co., 2014 NY Slip Op 50092(U)(App. Term 1st Dept. 2014) “Defendant’s timely motion to strike the action from

February 4, 2014 No Comments

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