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Claims documents considered as business records and unsuccessful mailing challenge

Preferred Mut. Ins. Co. v Donnelly, 2013 NY Slip Op 07283 (4th Dept. 2013) (1) CPLR 4518 (a) challenge: “We conclude that plaintiff met its initial

November 18, 2013 No Comments

Maybe we have come along way and maybe we have not?

People v Williams, 2013 NY Slip Op 07636 (4th Dept. 2013) The Court in Rochester reduced a depraved indifference reckless endangerment charge t0 a misdemeanor when

November 18, 2013 No Comments

Evidentiary issues in what appeared to be a personal grudge match at the 4th Department

Siemucha v Garrison, 2013 NY Slip Op 07608 (4th Dept. 2013) Point #1: Unsworn to chiropractic report (affidavit?) was proper because it was unobjected to (nothing new)

November 18, 2013 1 Comment

DJ denial reversed: A misspelling can be excused, and notice to the attorney is enough

The Law Office of Jason Tenenbaum, P.C., Garden City (Jason Tenenbaum of counsel), for appellant. Law Offices of Melissa Betancourt, P.C., Brooklyn (Melissa Betancourt of

November 12, 2013 6 Comments

Failure to attend IMEs voids coverage – with citation to Court of Appeals precedent

American Transit Ins. Co. v. Lucas, 2013 NY Slip Op 07273 (1st Dept. 2013) American Tr. Ins. Co. v Lucas 2013 NY Slip Op

November 7, 2013 4 Comments

Bad faith claim not adequately pleaded

Dinstber v Allstate Ins. Co., 2013 NY Slip Op 07103 (3d Dept. 2013) Thus, “[w]here a lawsuit has its genesis in the contractual relationship between the

November 3, 2013 No Comments

The peer review was insufficient

Amherst Med. Supply, LLC v A. Cent. Ins. Co., 2013 NY Slip Op 51800(U)(App. Term 1st Dept. 2013) “The peer review report and accompanying affidavit

November 3, 2013 No Comments

Some substance to an IME cut off defense

Premier Health Choice Chiropractic, P.C. v Praetorian Ins. Co., 2013 NY Slip Op 51802(U)(App. Term 1st Dept. 2013) “sworn independent medical examination (IME) report of

November 3, 2013 No Comments

Evidence insufficient to prove that provider complied with verification request

Pomona Med. Diagnostic P.C. v Praetorian Ins. Co., 2013 NY Slip Op 51798(U)(App. Term 1st Dept. 2013) “The affidavit of an employee of a third-party

November 3, 2013 No Comments

Another IME no show from the App. Term First Dept

MDJ Med., P.C. v New York Cent. Mut. Ins. Co., 2013 NY Slip Op 51797(U)(App. Term 1st Dept. 2013) There was nothing out of the

November 3, 2013 No Comments

From Saturday Night Live

This is an old one that I do not recall as I was never an avid SNL watcher. But this is so true in this

November 1, 2013 No Comments

From the Department of Financial Services today

The wheels of justice eventually turned… Today’s list from the Department of Financial Services Here are the names: Ashraf Ashour, P.T. (Brooklyn, NY) Victor Basbus,

October 31, 2013 3 Comments

2309(c) defect waived (again)

Gonzalez v Perkan Concrete Corp., 2013 NY Slip Op 06835 (2d Dept. 2013) “Finally, although the affidavits of the defendants’ expert, which were notarized outside of

October 29, 2013 No Comments

8 units applies to billing medical providers only?

Doctor of Medicine in the House, P.C. v Allstate Ins. Co., 2013 NY Slip Op 23357 (District Ct. Suffolk Co. 2013) “Paragraph 11 of the

October 27, 2013 No Comments

EBT order as an alternative to a denied medical necessity motion

Great Health Care Chiropractic, P.C. v Interboro Ins. Co., 2013 NY Slip Op 51737(U)(App. Term 2d Dept. 2013) My case. Let’ s see how many

October 27, 2013 No Comments

EUO letter did not toll time to pay or deny

Right Aid Med. Supply Corp. v Nationwide Ins., 2013 NY Slip Op 51746(U)(App. Term 2d Dept. 2013) “Defendant demonstrated that, on November 19, 2009, prior

October 27, 2013 No Comments

Mallela based disclosure granted

Jamaica Dedicated Med. Care, P.C. v Allstate Ins. Co., 2013 NY Slip Op 51745(U)(App Term 2d Dept. 2013) “Defendant established that the notice of trial

October 27, 2013 No Comments

Tax records denied in Mallela based disclosure matter

W.W. Med., P.C. v Allstate Ins. Co., 2013 NY Slip Op 51743(U)(App. Term 2d Dept. 2013) “It is well settled that tax returns are generally

October 27, 2013 No Comments

Conditional discovery order vacated upon showing of law office failure

Elite Med. NY, P.C. v American Tr. Ins. Co., 2013 NY Slip Op 51738(U)(App. Term 2d Dept.2013) “Contrary to plaintiff’s argument, defendant offered a reasonable

October 27, 2013 No Comments

Initial visit compensable

Shara Acupuncture, P.C. v Allstate Ins. Co., 2013 NY Slip Op 51731(U)(App. Term 2d Dept. 2013) “With respect to plaintiff’s claims for acupuncture services billed

October 27, 2013 No Comments

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