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Another in the never ending line of prima facie disasters

A.B. Med., PLLC v GEICO, 2013 NY Slip Op 50203(U)(App. Term 2d Dept. 2013) “As plaintiff’s affidavit in support of its motion failed to demonstrate

February 15, 2013 No Comments

Absence of a business record entry = no motor vehicle accident

Jesa Med. Supply, Inc. v NYC Tr. Auth., 2013 NY Slip Op 50188(U)(App. Term 2d Dept. 2013) “In support of its cross motion for summary

February 15, 2013 No Comments

The amendments to the regulations and what they mean to you.

NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES FOURTH AMENDMENT TO 11 NYCRR 65-3 (INSURANCE REGULATION 68-C) CLAIMS FOR PERSONAL INJURY PROTECTION BENEFITS I, Benjamin M.

February 14, 2013 6 Comments

Hearsay – It really is not

People v Curran, 2013 NY Slip Op 00613 (4th Dept. 2013) “We note that the victim’s testimony about her own out-of-court statements did not constitute hearsay and, therefore,

February 10, 2013 2 Comments

EUO of a medical provider – untimely.

Quality Psychological Servs., P.C. v Utica Mut. Ins. Co., 2013 NY Slip Op 50148(U)(App. Term 1st Dept. 2013) “We sustain the denial of defendant’s motion for

February 9, 2013 3 Comments

The no-fault serious injury statute: Permanent Consequential v. Significant Limitation

Estrella v Geico Ins. Co., 2013 NY Slip Op 00173 (2d Dept. 2013) This was from last month and quite interesting. It is one of the

February 9, 2013 No Comments

An EUO no-show victory that might have pushed the envelope a bit, with $25 costs

Flatlands Med., P.C. v State Farm Mut. Auto. Ins. Co., 2013 NY Slip Op 50071(U)(App. Term 2d Dept. 2013) (1) In this action by a provider to

January 18, 2013 No Comments

Additional verification dilemma

All Boro Psychological Servs., P.C. v Allstate Ins. Co., 2013 NY Slip Op 50069(U)(App. Term 2d Dept. 2013) Plaintiff demonstrated that the bill was overdue. Defendant

January 18, 2013 No Comments

Psychologist was not duly sworn and then there is 2106

Quality Psychological Servs., P.C. v New York Cent. Mut. Fire Ins. Co., 2013 NY Slip Op 50063(U)(App. Term 2d Dept. 2013) “Defendant also submitted a peer

January 18, 2013 No Comments

More on Florida

Craigg v Infinity Select Ins. Co., 2013 NY Slip Op 23014 (App. Term 2d Dept. 2013) Who would have thought that some of the most interesting

January 18, 2013 No Comments

The usual mailing and other arguments have fallen on deaf ears (again)

Quality Psychological Servs., P.C. v Hartford Ins. Co., 2013 NY Slip Op 50045(U)(Civ. Ct. Kings Co, 2013) This is an interesting case because counsel for Quality

January 18, 2013 No Comments

IME no show – what is the Court talking about?

Brooklyn Hgts. Physical Therapy, P.C. v New York Cent. Mut. Fire Ins. Co., 2012 NY Slip Op 52406(U)(App. Term 2d Dept. 2012) I am lost on

January 10, 2013 2 Comments

EUO defense not substantiated

Essential Acupuncture Servs., P.C. v Ameriprise Auto & Home Ins., 2012 NY Slip Op 52404(U)(App. Term 2d Dept. 2012) “Since defendant failed to establish that the

January 10, 2013 No Comments

Successful summary judgment: Plaintiff Assignor jumped on a parked car and walked away and the complaint was dismissed

New York Hosp. Med. Ctr. of Queens v Utica Mut. Ins. Co., 2012 NY Slip Op 52388(U)(App. Term 2d Dept. 2012) In this case, the Plaintiff

January 10, 2013 7 Comments

The trouble with proving prima facie on summary judgment as a plaintiff

For those aspiring writers out there, you could put together a decent law journal article in less than 4 hours based upon the near impossibility

January 10, 2013 No Comments

The first application of the new precludable independent contractor rule

W & Z Acupuncture, P.C. v Unitrin Auto & Home Ins. Co., 2012 NY Slip Op 52400(U)(2d Dept. 2012) Insurance carrier sought an EBT of the

January 10, 2013 No Comments

Date of IME is guidepost for mecical necessity determination

Dr. Todd Goldman, D.C., P.C. v Kemper Cas. Ins. Co., 2012 NY Slip Op 51296(U)(App. Term 2d Dept. 2012) “However, as to plaintiff’s claim for

July 17, 2012 No Comments

Roggio/Westchester-Lincoln

Alev Med. Supply, Inc. v Allstate Prop. & Cas. Ins. Co., 2012 NY Slip Op 51294(U)(App. Term 2d Dept. 2012) Since each medical provider as

July 17, 2012 No Comments

Ins Law 5105 – loss transfer regarding a livery vehilce and a standard passenger vehicle

Matter of Matter of Philadelphia Ins. Co. (Utica Natl. Ins. Group), 2012 NY Slip Op 05470 (4th Dept. 2012) This is a coverage case with

July 13, 2012 1 Comment

DWI on a John Deer

People v Stickler, 2012 NY Slip Op 05348 (3d Dept. 2012) Oh – you cannot make this up – good old Chemung County: “Defendant was

July 9, 2012 1 Comment

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