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Deposition transcript v. errata sheet

Pollina v Oakland’s Rest., Inc., 2012 NY Slip Op 03991 (2d Dept. 2012) “We note that the conflict between the plaintiff’s original deposition testimony and

May 24, 2012 No Comments

Assignment valid during unresolved lawsuit

Citibank, N.A. v Van Brunt Props., LLC, 2012 NY Slip Op 03974 (2d Dept. 2012) In the world of multiple assignments, it is sometimes asked

May 24, 2012 No Comments

90/180 claim has serious consequences despite 5102(d) dismissal of permanent consequential and significan limitation

I am putting by Bodily Injury hat on this one. There are few issues in 5102(d) land that intrigue me as much as the newest

May 24, 2012 No Comments

Still practicing

Matter of Antomattei, 2012 NY Slip Op 03929 (1st Dept. 2012) Three DWI’s (one of which was a felony knock down) and he is still

May 24, 2012 No Comments

Funny joke – but not sufficient for recusal

Glatzer v Bear, Stearns & Co., Inc., 2012 NY Slip Op 04080 (1st Dept. 2012) “The trial court’s generalized comments comparing judicial salaries to first

May 24, 2012 No Comments

May 2309(c) finally rest in peace.

Fredette v Town of Southampton, 2012 NY Slip Op 03595 (2d Dept. 2012) “it improvidently exercised its discretion in excluding from consideration the affidavits of

May 17, 2012 3 Comments

Mailing not proven through witness that was not present when items was deposited into the trusty USPS

Exclusive Physical Therapy, P.C. v MVAIC, 2012 NY Slip Op 50862(U)(App. Term 2d Dept. 2012) “We note that, in his affidavit, defendant’s claims representative stated

May 16, 2012 7 Comments

The failure to respond to an EUO letter non-suits another DME provider

Leica Supply, Inc. v Encompass Indem. Co., 2012 NY Slip Op 50890(U)(App. Term 2nd Dept. 2012) Plaintiff’s argument that its assignor’s failure to appear for

May 16, 2012 3 Comments

IME no-show defense defeated based upon affidavit issue – prima facie denied based upon a denial which Defendant did not prove was mailed

BR Clinton Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co., 2012 NY Slip Op 50880(U)(App. Term 2d Dept. 2012). An affidavit executed by

May 16, 2012 13 Comments

Acupuncture fee schedule defense upheld

Raz Acupuncture, P.C. v New S. Ins. Co., 2012 NY Slip Op 50865(U) “The affidavits submitted by defendant in support of its cross motion for

May 16, 2012 No Comments

The failure to specifically deny the lack of appearence at an IMEs proves fatal

Continental Med., P.C. v New York Cent. Mut. Fire Ins. Co., 2012 NY Slip Op 50844(U)(App. Term 1st Dept. 2012) “The defendant-insurer made a prima

May 16, 2012 1 Comment

Subsequent MSJ is okay

Valley Natl. Bank v INI Holding, LLC, 2012 NY Slip Op 03830 (2d Dept. 2012) “Although multiple summary judgment motions in the same action should

May 16, 2012 No Comments

Perl? Where are you? Not over here…

Il Chung Lim v Chrabaszcz, 2012 NY Slip Op 03600 (2d Dept. 2012) 1) 13% loss of ROM not deemed a serious injury 2) The

May 10, 2012 No Comments

Non-compulsory arbitration award vacated

Siegel v Landy, 2012 NY Slip Op 03625 (2d Dept. 2012) There is a right to be able to present evidence at an arbitration… “However,

May 10, 2012 No Comments

Mailing case – sent but never received

Matter of Matter of Government Empls. Ins. Co. v Morris, 2012 NY Slip Op 03448 (2d Dept. 2012). I would seriously take notice of this

May 5, 2012 1 Comment

Service of papers in accordance with the CPLR should be considered even if not in accordance with the Kings County Civil Court briefing schedules

D & r Med. Supply, Inc. v American Tr. Ins. Co., 2012 NY Slip Op 50785(U)(App. Term 2d Dept. 2012). “In this action by a

May 5, 2012 No Comments

Again – prima facie

Top Choice Med., P.C. v Geico Gen. Ins. Co., 2012 NY Slip Op 50778(U)(App. Term 2d Dept. 2012) “[p]roof either that the defendant had failed

May 5, 2012 10 Comments

The policy does not need to be included in the motion papers

Eagle Surgical Supply, Inc. v New York Cent. Mut. Fire Ins. Co., 2012 NY Slip Op 50772(U)(App. Term 2d Dept. 2012) “On appeal, plaintiff contends

May 5, 2012 1 Comment

Affidavit deemed insufficient under a Pan Chiro analysis

Neomy Med., P.C. v American Tr. Ins. Co., 2012 NY Slip Op 50769(U)(App. Term 2d Dept. 2012) “Since the affidavit by plaintiff’s supervising physician failed

May 5, 2012 No Comments

Court enforces summary judgment upon failure to make a prompt application to the comp. board

A.B. Med. Servs., PLLC v American Tr. Ins. Co., 2012 NY Slip Op 50764(U)(App. Term 2d Dept. 2012) “Plaintiffs appealed from so much of the

May 5, 2012 No Comments

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