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A case and reserves that will remain in limbo

First Help Acupuncture, P.C. v General Assur. Co., 2012 NY Slip Op 50142(U)(App. Term 2d Dept. 2012) “An action that has been marked off the

February 3, 2012 No Comments

Wrong on the law

Huntington Med. Plaza, P.C. v Travelers Indem. Co., 2011 NY Slip Op 21471 (App. Term 2d Dept. 2011) Facts: Case #1: IME performed and all

January 27, 2012 1 Comment

Due Process Rights

People v Donato (Michael), 2012 NY Slip Op 22018 (App. Term 2d Dept. 2012) This is why New York needs to abolish the Justice Courts

January 27, 2012 No Comments

EUO no show gone awry

Excel Imaging, P.C. v All Car Rent A Car, Inc., 2012 NY Slip Op 50104(U)(App. Term 1st Dept. 2012) “The record raises triable issues as

January 27, 2012 1 Comment

Medical necessity motion wins in a tough venue

Diagnostic Medicine, P.C. v Clarendon Natl. Ins. Co., 2012 NY Slip Op 50102(U)(App. Term 1st Dept. 2012) What happened to Pomona v. Geico? Why did

January 27, 2012 No Comments

9th and 10th are telling the Nassau County District Court (again) that enough is enough

Total Equip., LLC v Praetorian Ins. Co., 2012 NY Slip Op 50078(U)(App. Term 2d Dept. 2012 [9th and 10th Jud. Dis]) The 9th and 10th

January 27, 2012 7 Comments

The workers comp board

A.B. Med. Servs., PLLC v American Tr. Ins. Co., 2012 NY Slip Op 50076(U)(App. Term 2d Dept. 2012) This case in many ways represents the

January 27, 2012 No Comments

From the Appellate Term Second Department: Unpreserved legal argument is welcome

Ortho Prods. & Equip., Inc. As Assignee of Daniel Robinson, Nicholas Manickchand & Bradley Forbes v Interboro Ins. Co., 2012 NY Slip Op 61416(U) Appellate

January 19, 2012 9 Comments

Oh Pearl

Grant v United Pavers Co., Inc., 2012 NY Slip Op 00239 (1st Dept. 2012) “Although plaintiff’s physicians did not expressly address defendants’ expert’s conclusion that

January 17, 2012 No Comments

This one fell under the radar

Arzu v NYC Tr. Auth., 2012 NY Slip Op 22008 (Civ. Ct. Kings Co. 2012) The last thorny issue in PIP practice that has not

January 17, 2012 No Comments

Amended motion?

Woodward Med. Rehabilitation, P.C. v State Farm Fire & Cas. Co., 2011 NY Slip Op 52442(U)(App. Term 2d Dept. 2011) In this case, which seems

January 11, 2012 4 Comments

Additional verification not received – MRI films from an MRI facility

Radiology Today, P.C. v New York Cent. Mut. Fire Ins. Co., 2011 NY Slip Op 52452(U)(App. Term 2d Dept. 2011) The carrier is delaying for

January 11, 2012 No Comments

Prima facie case for Durable Medical Equipment

Jamaica Med. Supply, Inc. v Kemper Cas. Ins. Co., 2011 NY Slip Op 52441(U)(App. Term 2d Dept. 2011) Why is a prima facie case different

January 11, 2012 4 Comments

IME no-show –> Necesity to issue timely disclaimer

Parkway Imaging & Diagnostic, P.C. v Clarendon Natl. Ins. Co., 2011 NY Slip Op 51853(U)(App. Term 2d Dept. 2011). Triangle R, Inc. v Clarendon Natl.

October 19, 2011 6 Comments

EUO – No need to highlight the information

Five Boro Psychological Servs., P.C. v State Farm Mut. Auto. Ins. Co., 2011 NY Slip Op 51846(U)(App. Term 2d Dept. 2011) “Furthermore, contrary to the

October 19, 2011 1 Comment

Acupuncture – the fee schedule is incorporated by reference

Z.A. Acupuncture, P.C. v Geico Ins. Co., 2011 NY Slip Op 51842(U)(App. Term 2d Dept. 2011) “[Civil Court] granted the branches of plaintiff’s motion as

October 19, 2011 No Comments

The Court of Appeals discusses a condition precedent

New York & Presbyt. Hosp. v Country Wide Ins. Co., 2011 NY Slip Op 07149 (2011). This case has a lot of value for many

October 14, 2011 12 Comments

An investigation into the practices of legal aid is imminent…

Every now and then, things in life can make you incensed. This was one of them: (Day #1) http://www.nypost.com/p/news/local/no_fee_lawyer_furor_jSsq1g6UBoaVqq2WuMDKaN (Day #2) http://www.nypost.com/p/news/local/legal_aid_defends_freebie_deal_for_GRBAzHvg1mc7RJOXDwgvGM

October 10, 2011 3 Comments

Statute of doom.

EBM Med. Health Care, P.C. v Amica Mut. Ins. Co., 2011 NY Slip Op 51720(U)(App. Term 2d Dept. 2011). How do you lose a statute

October 2, 2011 4 Comments

First Presbyterian, then PSW – Maryland is at it again

PSW Chiropractic Care, P.C. v Maryland Cas. Co., 2011 NY Slip Op 51719(U)(App. Term 2d Dept. 2011) “In the present case, the record supports the

September 26, 2011 3 Comments

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