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Failure to comply with 2106 is somewhat excusable

Loucks v Klimek, 2013 NY Slip Op 05110 (4th Dept. 2013) “Finally, we conclude that the court properly determined that plaintiff substantially complied with the

July 7, 2013 No Comments

MUA services inconsistent with MUA guidelines – prima facie showing lack of medical necessity established

Synergy Med. v Praetorian Ins. Co., 2013 NY Slip Op 51047(U)(App. Term 1st Dept. 2013) “Notably, defendant’s peer reviewer explained in some detail that the

July 7, 2013 1 Comment

IME no-show with statement regarding quantum of proof regrding the “no-show”

Right Aid Diagnostic Medicine, P.C. v Travelers Ins. Co., 2013 NY Slip Op 51033(U)(App. Term 2d Dept. 2013) One of the most contentious areas involving

July 7, 2013 No Comments

Workers Compensation defense requires substantiation

Central Radiology Servs., P.C. v First Am. Ins., 2013 NY Slip Op 51031(U)(App. Term 2d Dept. 2013) [There was some discussion regarding procedural issues. All

July 7, 2013 2 Comments

Something involving collateral estoppel and prima facie happened here?

V.S. Med. Servs., P.C. v Travelers Ins. Co., 2013 NY Slip Op 50973(U)(App. Term 2d Dept 2013) “Plaintiff’s contention that, by virtue of the 2005

June 26, 2013 No Comments

Open claim avoids repudiation defense to DJ

Mapfre Ins. Co. of N.Y. v McKnight , 2013 NY Slip Op 31297(U)(Sup. Ct. NY Co.)(Edmead, J.) I cannot copy and paste the pdf on

June 25, 2013 No Comments

Inconsistency between chiropractor report and MRI reports spells the end of personal injury plaintiff’s claim

Komina v Gil, 2013 NY Slip Op 04744 (1st Dept. 2013) “Furthermore, plaintiff’s chiropractor made no attempt to explain the conflicting findings of the tests

June 25, 2013 No Comments

Range of motion measurements do not require an instrument

Frias v Son Tien Liu, 2013 NY Slip Op 04736 (1st Dept. 2013) From the world of 5102(d) land: Defendants made a prima facie showing

June 25, 2013 No Comments

A Prima facie showing of lack of serious injury does not require a review of plaintiff’s records

Brand v Evangelista, 103 AD3d 539 (1st Dept. 2013) “[d]efendant’s physicians required to review plaintiff’s medical records, since they detailed the specific tests they used in

June 20, 2013 No Comments

Defense expert states that injury aggravated pre-existing condition – yet jury verdict dismissing claim affirmed

Doran v McNulty, 2013 NY Slip Op 04572 (2d Dept. 2013) “At the damages trial the plaintiff testified that she had experienced, and been treated for,

June 20, 2013 No Comments

The jury could not find under a reasonable view of the evidence that plaintiff failed to sustain a serious injury under 5102(d)

DiBenedetto v Abreu, 2013 NY Slip Op 04570 (2d Dept. 2013) There have been so many weird bodily injury cases lately that I feel the need

June 20, 2013 No Comments

Certificate of readiness that says discovery is outstanding is deemed a nullity

Furrukh v Forest Hills Hosp., 2013 NY Slip Op 03968 (2d Dept. 2013) “While the filing of a note of issue within 90 days after service

June 20, 2013 No Comments

Deterioration in the 5102(d) setting must be explained

Rivera v Gonzalez, 2013 NY Slip Op 04431 (1st Dept. 2013) Plaintiff makes marked improvements and the deteriorates. Court in the 5102(d) setting requires an explanation.

June 20, 2013 No Comments

Movant bears burden to show that application to vacate default under 5015(a)(1) was timely made

Taveras v Philibert, 2013 NY Slip Op 04420 (1st Dept. 2013) “The motion court properly denied plaintiffs’ CPLR 5015(a)(1) motion to vacate the prior order, granted

June 20, 2013 No Comments

An IME that went wrong

Reynolds v Ferrante, 2013 NY Slip Op 04154 (4th Dept. 2013) “Plaintiff Robert A. Reynolds (plaintiff) had an insurance policy with Geico and sustained injuries

June 11, 2013 1 Comment

A trial de novo is but a declaratory judgment action – District Court lacks jurisdiction

Liberty Mut. Ins. Co. v Bayside Pain & Rehabilitation Medicine, P.C., 2013 NY Slip Op 50906(U)(App. Term 2d Dept. 2013) “Defendant moved to dismiss the

June 11, 2013 No Comments

Triable issue of fact through another IME in a different specialty

Brooklyn Chiropractic & Sports Therapy, P.C. v A. Cent. Ins. Co., 2013 NY Slip Op 50904(U)(App. Term 2d Dept. 2013) (1) “Defendant also submitted an

June 11, 2013 No Comments

Alrof v. Safeco – its first application

Optimal Well-Being Chiropractic, P.C. v Hertz Co., 2013 NY Slip Op 50902(U)(App. Term 2d Dept. 2013) “Since defendant did not submit evidence from anyone with

June 11, 2013 No Comments

Failure to comply with 3215(f) is not jurisdictional

Manhattan Telecom. Corp. v H & A Locksmith, Inc., 2013 NY Slip Op 03867 (2013) “On November 5, 2009, Vanunu moved to vacate the judgment, asserting

June 1, 2013 No Comments

Causation speculative after trial; 4404(a) motion granted and $200,000 jury verdict vacated

McDonald v Kohanfars, 2013 NY Slip Op 03821 (2d Dept. 2013) “In an action to recover damages for personal injuries, the defendants appeal, as limited by

May 31, 2013 No Comments

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