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Court has discretion to overlook absence of pleadings

Washington Realty Owners, LLC v 260 Wash. St., LLC, 2013 NY Slip Op 03031 (1st Dept. 2013) “Although CPLR 3212(b) requires that a motion for summary

April 30, 2013 No Comments

IME issues

Flores v Vescera, 2013 NY Slip Op 02866 (4th Dept. 2013) (1) You cannot videotape the IME (2) You cannot keep the plaintiff attorney out. With

April 28, 2013 No Comments

Late papers in accordance with CPLR 2214 are okay

Halas v Dick’s Sporting Goods, 2013 NY Slip Op 02915 (4th Dept. 2013) “Moreover, the court did not abuse its discretion in accepting late responding papers

April 28, 2013 No Comments

Additional Verification non-receipt and lack of medical necessity.

Utica Acupuncture, P.C. v Interboro Ins. Co., 2013 NY Slip Op 50643(U)(App. Term 1st Dept. 2013) “In opposition to the defendant-insurer’s prima facie showing of entitlement

April 26, 2013 No Comments

Summary judgment granted on Mallela case

Physical Performance Testing of NY v New York Cent. Mut. Fire Ins. Co., 2013 NY Slip Op 50581(U)(App. Term 1st Dept. 2013) The Court was clear:

April 21, 2013 12 Comments

Chubb defense substantiated and unrebutted on this record

Shahid Mian, M.D., P.C. v Interboro Ins. Co., 2013 NY Slip Op 50589(U)(App. Term. 1st Dept. 2013) “In opposition to the defendant-insurer’s prima facie showing that

April 21, 2013 3 Comments

A preclusion order renders the defense deficient as a matter of law – prima facie burden established

Lof Med. Supply, Inc. v GEICO Gen. Ins. Co., 2013 NY Slip Op 50595(U)(App. Term 2d Dept. 2013) This is a rare application of “Avenue T”

April 21, 2013 No Comments

Defendant failed to meet its prima facie burden on a medical necessity motion

Amherst Med. Supply, LLC v New York Cent. Mut. Fire Ins. Co., 2013 NY Slip Op 50586(U)(App. Term 1st Dept. 2013) “The peer review report

April 21, 2013 1 Comment

UB-04 + nothing else does not equal Prima Facie

Sound Shore Med. Ctr. v New York Cent. Mut. Fire Ins. Co., 2013 NY Slip Op 02390 (2d Dept. 2013) “On this appeal, we are asked

April 11, 2013 No Comments

Police accident report sufficient to trigger Workers Comp inquiry

Parkway Pain Mgt., PLLC v American Tr. Ins. Co., 2013 NY Slip Op 50521(U)(App. Term 2d Dept. 2013) “We find that defendant’s proof, including the police

April 11, 2013 No Comments

The doctor himself could not get his bills into evidence

AR Med. Rehabilitation, P.C. v GEICO Gen. Ins. Co., 2013 NY Slip Op 50510(U)(Civ. Ct. Kings Co. 2013) “The court finds that Dr. Rozenberg’s testimony was

April 11, 2013 4 Comments

Personal knowledge became more personal

Alrof, Inc. v Safeco Natl. Ins. Co., 2013 NY Slip Op 50458(U)(App. Term 2d Dept. 2013) “In support of its cross motion, defendant submitted an affirmation

April 6, 2013 5 Comments

MSJ + EBT = disaster for plaintiff

Jamaica Med. Plaza, P.C. v Interboro Ins. Co., 2013 NY Slip Op 50475(U)(App. Term 2d Dept. 2013) “The order, insofar as appealed from as limited by

April 5, 2013 No Comments

Additional Verification

Leica Supply, Inc. v GEICO Indem. Co., 2013 NY Slip Op 50478(U)(App. Term 2d Dept. 2013) ” A review of defendant’s letters reveals that they merely

April 5, 2013 3 Comments

Shell game

City Dental Servs., P.C. v Country Wide Ins. Co.,2013 NY Slip Op 50474(U)(App. Term 2d Dept. 2013) “In this action by a provider to recover

April 5, 2013 No Comments

Conclusory denial of receipt of IME letter is insufficient to stave off summary judgment

City Care Acupuncture, PC v New York Cent. Mut. Fire Ins. Co., 2013 NY Slip Op 50430(U)(App. Term 1st Dept. 2013) “In opposition, plaintiff did not

April 1, 2013 No Comments

Late written notice not excused

Norman Y. Schoenberg, M.D., P.C. v N.Y.C. Tr. Auth., 2013 NY Slip Op 50421(U)(App. Term 2d Dept. 2013) “Defendant annexed to its motion papers a

April 1, 2013 No Comments

Another less than noteworthy prima facie decision

New York Diagnostic Med. Care, P.C. v GEICO Gen. Ins. Co., 2013 NY Slip Op 50419(U)(App. Term 2d Dept. 2013) “Although plaintiff established that defendant had

April 1, 2013 1 Comment

It looks like someone did not include the fee schedule as an exhibit in their acupuncture motion

Apple Tree Acupuncture, P.C. v Allstate Ins. Co., 2013 NY Slip Op 50413(U)(App. Term 2d Dept. 2013) “In the instant case, defendant failed to establish, as

April 1, 2013 No Comments

A copy of a peer report is all that is needed

A-Quality Med. Supply v GEICO Gen. Ins. Co., 2013 NY Slip Op 23088 (App. Term 2d Dept. 2013) “The Insurance Department Regulations require merely that a

April 1, 2013 8 Comments

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