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Mailing discrepencies and the way to prove non-receipt

Vincent Med. Servs., P.C. v Clarendon Natl. Ins. Co., 2012 NY Slip Op 50431(U)(App. Term 2d Dept. 2012). “the affidavit of plaintiff’s billing manager stated

March 12, 2012 1 Comment

Would you go to this psychologist?

Burns v Kaplan, 2012 NY Slip Op 50403(U)(App. Term 2d Dept. 2012) “Plaintiff, a psychotherapist, brought this small claims action against defendant, his former patient,

March 12, 2012 No Comments

Letter of medical necessity sufficient to raise an issue of fact

Complete Radiology, P.C. v GEICO Ins. Co., 2012 NY Slip Op 50419(U)(App. Term 2d Dept. 2012) “the affirmed letter of medical necessity submitted by plaintiff’s

March 12, 2012 2 Comments

No coverage due to lack of proof regarding Claimant's status as resident relative

Rally Chiropractic, P.C. v Nationwide Mut. Ins. Co., 2012 NY Slip Op 50417(U)(App. Term 2d Dept. 2012) Defendant proved that the Assignor did not “regularly

March 12, 2012 No Comments

Another motion to dismiss an initial acupuncture session is denied

Perfect Point Acupuncture, P.C. v Clarendon Ins. Co., 2012 NY Slip Op 50399(U)(App. Term 2d Dept. 2012) “That affidavit, however, was sufficient neither to warrant

March 12, 2012 No Comments

Business record rule applies to hospitals also

Westchester Med. Ctr. v Government Empls. Ins. Co., 2012 NY Slip Op 50398(U)(App. Term 2d Dept. 2012) “In the case at bar, plaintiff’s submission of

March 12, 2012 2 Comments

A signature placed at the direction of the signor

Right Aid Diagnostic Medicine, P.C. v GEICO Ins. Co., 2012 NY Slip Op 50394(U)(App. Term 2d Dept. 2012) Assuming one breaches the threshold issue of

March 12, 2012 No Comments

Acupuncture fee schedule (again)

MIA Acupuncture, P.C. v Integon Gen. Ins. Corp., 2012 NY Slip Op 50393(U)(App. Term 2d Dept. 2012) “the portion of plaintiff’s claims at issue based

March 12, 2012 No Comments

Objected to inadmissible proof spells doom

Medical Assoc., P.C. v Interboro Ins. Co., 2012 NY Slip Op 50392(U)(App. Term 2d Dept. 2012). I wrote the reply that got this case dismissed

March 12, 2012 No Comments

Some evidentiary issues –

Dank v Sears Holding Mgt. Corp., 2012 NY Slip Op 01648 (2d Dept. 2012) “The Supreme Court properly precluded evidence of the statements of various

March 8, 2012 1 Comment

Another substitute peer case finds it way back on remand – but the dissent is potent

Park Slope Med. & Surgical Supply, Inc. v Progressive Ins. Co., 2012 NY Slip Op 50349(U)(App. Term 2d Dept. 2012) “Defendant’s expert medical witness, who

March 2, 2012 5 Comments

A lesson on why the failure to attempt a DJ on an EUO no-show can spell doom

Superior Oxygen & Ortho Supplies, Ltd. v Auto One Ins. Co., 2012 NY Slip Op 50348(U)(App. Term 2d Dept. 2012) “defendant failed to establish that

March 2, 2012 No Comments

Lack of causation proven prima facie through a biomechanical study

Andromeda Med. Care, P.C. v Utica Mut. Ins. Co., 2012 NY Slip Op 50344(U)(App. Term 2d Dept. 2012) This is the first time I have

March 2, 2012 3 Comments

A Mallela defense does not have to be pleaded

Lexington Acupuncture, P.C. v General Assur. Co., 2012 NY Slip Op 22047 (App. Term 2d Dept. 2012) “Here, although defendant never moved to amend its

March 2, 2012 1 Comment

Abusive summation and cross-examination causes this case to go back to trial

Maraviglia v Lokshina, 2012 NY Slip Op 01593 (2d Dept. 2012) Count the comments here: (1) Counsel repeatedly denigrated the medical background of the injured

March 2, 2012 No Comments

3212(b) motion – affidavit from movant necessary

Maragos v Sakurai, 2012 NY Slip Op 01592 (2d Dept. 2012) “CPLR 3212(b) requires that a motion for summary judgment must be supported by, among

March 2, 2012 No Comments

3101(d) gone awry?

Lombardi v Alpine Overhead Doors, Inc., 2012 NY Slip Op 01590 (2d Dept. 2012) “In opposition, the plaintiff failed to raise a triable issue of

March 2, 2012 No Comments

Use and Operation

Cividanes v City of New York, 2012 NY Slip Op 02179 (1st Dept. 2012) FACTS: “This dispute arises from an accident that occurred on the

March 1, 2012 No Comments

Requestee pays for discovery

U.S. Bank N.A. v GreenPoint Mtge. Funding, Inc., 2012 NY Slip Op 01515 (1st Dept. 2012) Cost of discovery. I sue you. I demand a

February 29, 2012 No Comments

Why take a default in the First Department?

Rally Chiropractic, P.C. v MVAIC, 2012 NY Slip Op 50325(U)(App. Term 1st Dept. 2012) The record shows that defendant’s failure to appear at the compliance

February 28, 2012 No Comments

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