Westchester Med. Ctr. v Government Empls. Ins. Co., 2014 NY Slip Op 00500 (2d Dept. 2014) “The respondent’s contention that there was a complete absence of

January 30, 2014 2 Comments

Case dismissed through DJ

Flushing Traditional Acupuncture, P.C. v Kemper Ins. Co., 2014 NY Slip Op 50052(U)(App. Term 2d Dept. 2014) “defendant Kemper Insurance Company (Kemper) commenced a declaratory judgment

January 30, 2014 No Comments

CPLR 2004 allows an order to show cause to be served tardy – first holding for this proposition of law

Matter of State of New York v Robert C., 2014 NY Slip Op 00257 (3d Dept. 2014) It is common maxim that the failure to comply

January 22, 2014 No Comments

Potential sewer service? Traverse sustained and complaint dismissed

Bank v Holt, 2014 NY Slip Op 00344 (2d Dept. 2014) Traverse sustained on appeal and complaint dismissed. “Although, as a general matter, we do not

January 22, 2014 No Comments

Stayed

Government Employees Insurance Co. v Avanguard Medical, 2014 NY Slip Op 60293(U)(2d Dept. 2014) “Upon the papers filed in support of the motions and the papers

January 13, 2014 4 Comments

So what did the Second Department mean?

Interboro Ins. Co. v Clennon, 2014 NY Slip Op 00092 (2d Dept. 2014) While of course I am happy to have won, and, in addition,

January 9, 2014 2 Comments

Major medical provider does not have standing to bring action against no-fault carrier

AETNA Health Plans v Hanover Ins. Co., 2013 NY Slip Op 33221(U)(Sup. Ct. Bronx Co. 2013) In this case, Defendant provided no-fault services to Plaintiff’s

January 6, 2014 No Comments

A 30-day notice case that went to trial

Medical Select, P.C. v Allstate Ins. Co., 2013 NY Slip Op 23446 (District Ct. Nassau Co. 2013) “According to the proof adduced at trial, Allstate

January 6, 2014 3 Comments

A motion for summary judgment is denied pending disclosure

Metropolitan Diagnostic Med. Care, P.C. v A. Cent. Ins. Co., 2013 NY Slip Op 52246(U)(App. Term 2d Dept. 2013) “In opposition to defendant’s motion, and

January 6, 2014 No Comments

IME cut off substantiated for DME that was prescribed before IME cut-off but filled after IME cut-off

Total Equip., LLC v Mercury Cas. Co., 2013 NY Slip Op 52220(U)(App. Term 2d Dept 2013) “In support of its motion for summary judgment, defendant submitted,

January 6, 2014 No Comments

EUO denial substantiated

Concourse Chiropractic, PLLC v State Farm Mut. Ins. Co., 2013 NY Slip Op 52225(U)(App. Term 2d Dept. 2013) “[w]e find that the affidavits submitted by

January 6, 2014 No Comments

Another look at MUA

Drew De Marco, P.C. v Allstate Ins. Co., 2013 NY Slip Op 52212(U)(App. Term 1st Dept. 2013) “[d]uring Dr. Portnoy’s redirect testimony, the trial court

December 28, 2013 2 Comments

Medical necessity disputes in major medical disputes may be raised at any time

Hercules Med., PC v Cabello, 2013 NY Slip Op 52186(U)(App. Term 1st Dept. 2013) “A fair interpretation of the evidence supports the trial court’s determination

December 28, 2013 No Comments

First Application of Etienne

Westchester Med. Ctr. v Allstate Ins. Co., 2013 NY Slip Op 08616 (2d Dept. 2013) “Contrary to the primary argument advanced by the defendant insurance

December 28, 2013 1 Comment

How come there have been no new master arbitration decisions posted on AAA’s website since October 15, 2013?

Dear AAA, Insofar as 60-70 percent of most defense firms’ inventories involve AAA arbitration matters, it is important for us (well me at least) to

December 24, 2013 3 Comments

What is a prima facie case? I still am unsure

Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co., 2013 NY Slip Op 08430 (2d Dept. 2013)(Rivera, Reinaldo, JP). (This one is about as long

December 20, 2013 12 Comments

There was no long arm jurisdiction

J.C. Healing Touch Rehab, P.C. v Access Gen. Ins. Co., 2013 NY Slip Op 52086(U)(App Term 2d Dept. 2013) “The litigation specialist alleged, among other

December 19, 2013 2 Comments

Failure to enter default within one year allows vacatur of default under a Woodson theory

DJS Med. Supplies, Inc. v Infinity Ins. Co., 2013 NY Slip Op 52073(U)(App. Term 2d Dept. 2013) ‘Plaintiff commenced this action in April 2006 to

December 19, 2013 1 Comment

The faiure to issue a denial in duplicate is no necessarily fatal to preserving a defense

Mollo Chiropractic, PLLC v American Commerce Ins. Co., 2013 NY Slip Op 23419 (App. Term 2d Dept. 2013) “The Civil Court therefore found, in effect, that

December 19, 2013 1 Comment

Personal knowledge is well not too personal

Ortho Prods. & Equip., Inc. v Interboro Ins. Co., 2013 NY Slip Op 52054(U)(App. Term 2d Dept. 2013) “It further established that its EUO scheduling

December 19, 2013 No Comments

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