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So the newest 2309(c) case now holds that this statute is irrelevent

U.S. Bank Natl. Assn. v Dellarmo, 2012 NY Slip Op 02481 (2d Dept. 2012) “The plaintiff’s failure to comply with CPLR 2309(c) in submitting various

April 8, 2012 13 Comments

Prima facie gone bad

Complete Radiology, P.C. v Progressive Ins. Co., 2012 NY Slip Op 50583(U)(App. Term 2d Dept. 2012) “A no-fault provider establishes its prima facie entitlement to

April 8, 2012 No Comments

Another prima facie disaster in the second department

Flatlands Med., P.C. v Allstate Ins. Co., 2012 NY Slip Op 50582(U)(App. Term 2d Dept. 2012) “Although plaintiff established that defendant had not paid plaintiff’s

April 8, 2012 No Comments

An attorney's statement, i.e., "he did not show up" is sufficient to support EUO defense

Viviane Etienne Med. Care, P.C. v State Farm Mut. Auto. Ins. Co., 2012 NY Slip Op 50579(U)(App. Term 2d Dept. 2012) “Defendant also submitted an

April 8, 2012 No Comments

MVAIC failed to disprove that the accident was the cause of the injuries

Five Boro Psychological Servs., P.C. v MVAIC, 2012 NY Slip Op 50578(U)(App. Term 2d Dept. 2012) “MVAIC contends that there is an issue of fact

April 8, 2012 No Comments

An IME no-show case from the 9th and 10th

East 75th St. Diagnostic Imaging, P.C. v New York Cent. Mut. Fire Ins. Co. 35 Misc.3d 126(A) 1) “The affidavit sufficiently established that the IME

April 8, 2012 No Comments

Judicial notice applies to e-court website

Alev Med. Supply, Inc. v American Tr. Ins. Co., 2012 NY Slip Op 50568(U)(App. Term 2d Dept. 2012) “A review of the information on the

April 8, 2012 No Comments

Notice of Trial vacated based upon a "detailed" Mallela showing

VE Med. Care, P.C. v Auto One Ins. Co., 2012 NY Slip Op 50571(U)(App. Term 2d Dept. 2012) “Because the notice of trial and certificate

April 8, 2012 No Comments

Leave denied, again

Mercury Cas. Co. v Encare, Inc., etc., 2012 NY Slip Op 69137 (2012) Congratulations to my able adversary Howard Stern, Esq., who prevailed on this

April 4, 2012 6 Comments

More MUA – this one is over the top

Flatbush Chiropractic, P.C. v Metlife Auto & Home, 2012 NY Slip Op 50541(U)(Civ. Ct. Kings Co. 2012). The Plaintiff, Dr. Super’s brother runs a law

March 28, 2012 15 Comments

Knowledge is quite a broad term

Harris v Seager, 2012 NY Slip Op 02207 (4th Dept. 2012) “Contrary to defendants’ contention, plaintiff was not required to establish that defendants had notice

March 28, 2012 12 Comments

5520 applies to reargument orders that were never appealed

People v Johnson, 2012 NY Slip Op 02213 (4th Dept. 2012) “Following entry of the order granting that part of defendant’s motion, the People moved

March 28, 2012 No Comments

Major medical carrier taken to the mat for unscrupulous conduct

Kamhi v EmblemHealth, Inc., 2012 NY Slip Op 22073 (Sup. Kings 2012)(Demarest, J.) Major medical. It is a different world. First-level “utilization reviews” of conservative

March 24, 2012 2 Comments

Another no-fault physician commits insurance fraud

People v Palmeri (Michael), 2012 NY Slip Op 22040 (App. Term 2d Dept. 2012) It has just been an awful few months for the plaintiffs

March 21, 2012 12 Comments

They call her crash

Hedgecock v Pedro, 2012 NY Slip Op 02005 (4th Dept. 2012) Four accidents and a court having to discern which accidents are sufficient to sustain

March 21, 2012 No Comments

When can you "change the caption"?

Wendover Fin. Servs. v Ridgeway, 2012 NY Slip Op 01884 (4th Dept. 2012) I like when I receive a motion from Mr. Five Boro looking

March 21, 2012 No Comments

What are objective signs of continuing disability?

Harrity v Leone, 2012 NY Slip Op 01933 (4th Dept. 2012) “Plaintiff, however, raised an issue of fact with respect to those two categories by

March 21, 2012 No Comments

Renewal granted and Plaintiff loses.

Ashraf Ashour Physical Therapy, P.C. v Interboro Mut. Indem. Ins. Co., 2012 NY Slip Op 50491(U)(App. Term 1st Dept. 2012) Defendant appeals from an order

March 20, 2012 No Comments

Civil Court overturns Appellate Term precedent

Park Slope Med. & Surgical Supply, Inc. v Metlife Auto & Home, 2012 NY Slip Op 22064 (Civ. Ct. Queens Co. 2012) “In any event,

March 13, 2012 18 Comments

A bad day for Mr. Pearson

Pearson v Miles, 2012 NY Slip Op 50423(U)(App. Term 2d Dept. 2012) “The Civil Court found that, in opposition to the motion, plaintiff had raised

March 12, 2012 No Comments

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