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IME no show defense sustained

Ranbow Supply of N.Y., Inc. v Progressive Northeastern Ins. Co., 2013 NY Slip Op 51729(U)(App. Term 2d Dept. 2013) “While plaintiff argues that defendant did

October 27, 2013 No Comments

And why do you think the signature was stamped?

Alev Med. Supply, Inc. v Travelers Home & Mar. Ins. Co., 2013 NY Slip Op 51759(U)(App. Term 2d Dept. 2013) “Plaintiff’s only argument, both before

October 27, 2013 No Comments

Chiropractor fee schedule applies to all billed for codes

Gl Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co., 2013 NY Slip Op 51748(U)(App. Term 2d Dept, 2013) “The claims had been denied on

October 27, 2013 No Comments

Partial Summary Judgment granted on appeal

New York Diagnostic Med. Care, P.C. v Geico Gen. Ins. Co., 2013 NY Slip Op 23360 (App. Term 2d Dept. 2013) The Court opened up

October 27, 2013 No Comments

Proof that the injury was pre-existing was not refuted

Russell v Cornell Univ., 2013 NY Slip Op 06771 (3d Dept 2013) “Defendants satisfied their initial burden of establishing that plaintiff did not suffer a

October 20, 2013 No Comments

That the testing was necessary to rule out herniations is sufficient to warrant a trial on medical necessity

AP Diagnostic Med., PC v Chubb Indem. Ins. Co., 2013 NY Slip Op 51647(U)(App. Term 1st Dept. 2013) “The medical affidavit submitted by plaintiff –

October 20, 2013 No Comments

MVAIC again fails in its quest to prove the mailing of IME letters

Acupuncture Approach PC v MVAIC, 2013 NY Slip Op 51676(U)(App. Term 1st Dept 2013) “defendant’s moving submission heavily relied on an affidavit submitted by an

October 20, 2013 No Comments

Triable issue of fact – medical necessity

Hunt City Chiropractic, LLP v Chubb Indem. Ins. Co., 2013 NY Slip Op 51679(U)(App. Term 1st Dept. 2013) “We agree that the conflicting medical expert

October 20, 2013 1 Comment

Cessation of treatment and its interplay with no-fault fraud?

Ramkumar v Grand Style Transp. Enters. Inc., 2013 NY Slip Op 06638 (2013) “The Appellate Division’s requirement that plaintiff either offer documentary evidence to support

October 20, 2013 No Comments

Without the data, the affidavit was conclusory

Costanzo v County of Chautauqua, 2013 NY Slip Op 06475 (4th Dept. 2013) “The County’s cross motion was based in part on the affidavit of a

October 7, 2013 No Comments

Summary judgment granted as to negligence yet “sole proximate cause” and comparative negligence left as open questions

Potter v Stevens Van Lines, Inc., 2013 NY Slip Op 06474 (4th Dept. 2013) “Plaintiff commenced this negligence action seeking damages for injuries he sustained in

October 7, 2013 No Comments

It is MVAIC again

Metropolitan Med. Supplies, LLC v MVAIC, 2013 NY Slip Op 51583(U)(App. Term 2d Dept. 2013) “Since plaintiff and its assignor were aware of the identity of

October 4, 2013 No Comments

This one managed to get published

American Transit v. Megan Ash, 2013 NY Slip Op 32268(U)(Sup. Ct. NY Co., Madden, J.)

October 1, 2013 No Comments

Judgment as a matter of law due to opening statement

Okunubi v City of New York, 2013 NY Slip Op 05886 (2d Dept. 2013) This must be the worst nightmare of every practitioner. I think I

September 28, 2013 No Comments

Initial visit allowed – open question being how much

Flushing Traditional Acupuncture, P.C. v Geico Ins. Co., 2013 NY Slip Op 51538(U)(App. Term 2d Dept. 2013) The court has now explicitly held that a medical

September 25, 2013 No Comments

Deposition of own party allowed into evidence

Arad v Hanza, LLC, 2013 NY Slip Op 05786 (2d Dept. 2013) I would put this in the category of short but potent procedural cases: “Contrary

September 12, 2013 No Comments

Skyped EBT

Yu Hui Chen v Chen Li Zhi, 2013 NY Slip Op 05815 (2d Dept. 2013) “On a prior appeal, this Court permitted the plaintiff’s deposition to

September 12, 2013 No Comments

Court takes judicial notice of Supreme Court declaratory judgment action

Eagle Surgical Supply, Inc. v AIG Indem. Ins. Co., 2013 NY Slip Op 51441(U)(App. Term 2d Dept. 2013) “the parties entered into a so-ordered stipulation,

September 9, 2013 No Comments

Discovery disallowed when EUO requests are not responded to by deponent

Canarsie Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co., 2013 NY Slip Op 51457(U)(App. Term 2d Dept. 2013) “Plaintiff argues that defendant failed to

September 9, 2013 No Comments

Documentation shows wrong insurance carrier was sued

Great Health Care Chiropractic, P.C. v Omni Indem. Co., 2013 NY Slip Op 51450(U)(App. Term 2d Dept. 2013) “In support of its motion, defendant submitted

September 9, 2013 No Comments

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