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No Fault and Uninsured Motorist subrogation

Allstate Ins. Co. v Cajo, 2012 NY Slip Op 50292(U)(Civ. Ct. Queens Co. 2012) “Plaintiff’s right to commence this action did not accrue until September

February 27, 2012 2 Comments

A passenger may move for partial summary judgment re: liability

Medina v. Rodriguez, 2012 N.Y. Slip Op. 01438 (2d Dept. 2012) This one caught my radar because it was an odd yet seemingly potent motion.

February 27, 2012 No Comments

EUO no-show from the First

Bath Ortho Supply, Inc. v New York Cent. Mut. Fire Ins. Co., 2012 NY Slip Op 50271(U)(App. Term 1st Dept. 2012) The defendant insurer made

February 24, 2012 No Comments

2221(a) motion appropriate to deal with motion to vacate sua sponte order

Tangalin v MTA Long Is. Bus, 2012 NY Slip Op 01239 (2d Dept. 2012) “We agree with the appellants’ contention that the Supreme Court erroneously

February 17, 2012 No Comments

Business record challenge to police report

Hernandez v Tepan, 2012 NY Slip Op 01211 (2d Dept. 2012) “As the defendant correctly contends, the police accident report submitted by the plaintiff in

February 17, 2012 1 Comment

Second Medical – loses at prima facie again

Second Med., P.C. v GEICO, 2012 NY Slip Op 50236(U)(App. Term 2d Dept. 2012) When I saw Second Medical, I remembered that now Supreme Court

February 17, 2012 7 Comments

While delay was lengthy, the lack of prejudice excused it

Ava Acupuncture, P.C. v GEICO Gen. Ins. Co., 2012 NY Slip Op 50234(U)(App. Term 2d Dept. 2012) “In this case, while the delay was lengthy,

February 17, 2012 No Comments

Res Judicata through a DJ

A winner of the much vaunted Mr. Five Boro award. An award granted only to the most deserving in our area of jurisprudence. Ms. Ava

February 17, 2012 No Comments

Praetorian again

Darlington Med. Diagnostics, P.C. v Praetorian Ins. Co., 2012 NY Slip Op 50226(U)(App. Term 1st Dept. 2012) Extension of Pan Medical I always said Praetorian

February 17, 2012 1 Comment

A court in Nassau has applied Unitrin through a front door and back door channel

As I indicated at one point prior, there is an issue as to whether NYP v. Countrywide has aligned the Court of Appeals with Unitrin

February 11, 2012 6 Comments

Proof in opposition was insufficient to show a forgery

JPMorgan Chase Bank, N.A. v Bauer, 2012 NY Slip Op 00932 (2d Dept. 2012) “[S]omething more than a bald assertion of forgery is required to

February 10, 2012 No Comments

Surgical Center does not need to comply with Article 28 to be reimbursed under no fault

Upper E. Side Surgical, PLLC v State Farm Ins. Co., 2012 NY Slip Op 50184(U)(Dis. Ct. Nassau Co. 2012) “Plaintiff does assert, however, that there

February 3, 2012 6 Comments

Stipulated to victory

All Boro Psychological Servs., P.C. v GEICO Gen. Ins. Co., 2012 NY Slip Op 50137(U)(App. Term 2d Dept. 2012) Point I: “The case was tried

February 3, 2012 4 Comments

Jurisdictional…

Lee v Guzman, 2012 NY Slip Op 50144(U)(App. Term 2d Dept. 2012) “At the outset, it is noted that this court has jurisdiction to hear

February 3, 2012 No Comments

A lost credit card case

FIA Card Servs. v Savino, 2012 NY Slip Op 50141(U)(App. Term 2d Dept. 2012) “We find that plaintiff failed to establish its prima facie entitlement

February 3, 2012 No Comments

Not a wise appeal

B.Y., M.D., P.C. v Global Liberty Ins. Co. of N.Y., 2012 NY Slip Op 50156(U)(App. Term 2d Dept. 2012) This would normally win the Mr.

February 3, 2012 No Comments

Progressive wins the Mr. Five Boro award today

Eagle Surgical Supply, Inc. v Progressive Cas. Ins. Co., 2012 NY Slip Op 50151(U)(App. Term 2d Dept. 2012) If it could go wrong it did.

February 3, 2012 No Comments

Another few fact patterns that have played out numerous times

I am waiting for Mitch Lustig’s comment about how these courts refuse to learn their lesson… Ortho-Med Surgical Supply, Inc. v Progressive Cas. Ins. Co.,

February 3, 2012 1 Comment

Improper use of an affirmation cost Plaintiff its case

Radiology Today, P.C. v Mercury Ins. Co., 2012 NY Slip Op 50148(U)(App. Term 2d Dept. 2012) “In opposition to the motion, plaintiff submitted a doctor’s

February 3, 2012 3 Comments

A question of fact through an affidavit of a doctor

Neomy Med., P.C. v Geico Ins. Co., 2012 NY Slip Op 50145(U)(App. Term 2d Dept. 2012) “In opposition to defendant’s cross motion, plaintiff submitted an

February 3, 2012 No Comments

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