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 seen
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 seen
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 morning
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 the
New York & Presbyt. Hosp. v Country Wide Ins. Co., 2011 NY Slip Op 07149 (2011). This case has a lot of value for many reasons.
Turnpike Med., P.C. v MVAIC, 2011 NY Slip Op 51717(U)(App. Term 2d Dept. 2011) Well, perhaps it was only a matter of time before the Appellate
New York Cent. Mut. Ins. Co. v McGee, 2011 NY Slip Op 06253 (2d Dept. 2011) Point one: A Malella defense (or cause of action) against
Matter of Countrywide Ins. Co. v DHD Med., P.C., 2011 NY Slip Op 05864 (1st Dept. 2011) “Petitioner argues that respondent is a fraudulently incorporated medical
Nyack Hosp. v Allstate Ins. Co., 2011 NY Slip Op 04644 (2d Dept. 2011) This Medicaid crisis has spurred judicial activism from the Appellate Division, Second
Ciampa Estates, LLC v Tower Ins. Co. of N.Y., 2011 NY Slip Op 03911 (1st Dept. 2011) “An insured’s failure to comply with the notice of
I was really close to blogging about this interesting Third Department case involving a writ of prohibition that was actually granted, preventing the Sullivan County District
New York and Presbyterian Hosp. v. Selective Ins. Co. of America, 43 A.D.3d 1019 (2d Dept. 2007) Affidavit insufficient to raise a triable issue of fact
Chiropractic Back Care of Queens Vil., P.C. v ELRAC, Inc., 2011 NY Slip Op 50544(U)(Dis. Ct. Nassau Co. 2011). “In support of its motion, the defendant
Westchester Med. Ctr. v Lincoln Gen. Ins. Co., 2011 NY Slip Op 02379 (2d Dept. 2011) “The plaintiff hospital, as assignee of Bartolo Reyes, was awarded
State Farm Mut. Auto. Ins. Co. v Langan, 2011 NY Slip Op 02437 (2011) It is Langan again. That bad dream that does not go away.
Allstate Ins. Co. v DeMoura, 2011 NY Slip Op 50430(U)(App. Term 1st Dept. 2011) “When an insurer “has paid the full monetary limits set forth in
Omega Diagnostic Imaging, P.C. v MVAIC, 2011 NY Slip Op 50432(U)(App. Term 1st Dept. 2011) “In this action by plaintiff-provider to recover assigned first-party no-fault benefits,
Omega Med. Diagnostic v MVAIC, 2011 NY Slip Op 50275(U)(App. Term 1st Dept. 2011) They just really do not like MVAIC at 60 Centre Street. Hard
Infinity Health Prods., Ltd. v American Tr. Ins. Co., 2011 NY Slip Op 50195(U)(App. Term 2d Dept. 2011) “Defendant’s proof consisted of the affidavit of its
Pomona Med. Diagnostic v MVAIC, 2011 NY Slip Op 50042(U)(App. Term 1st Dept. 2011) This was just a stupid case to appeal. If an adversary can
Westchester Med. Ctr. v GMAC Ins. Co. Online, Inc., 2011 NY Slip Op 00217 (2d Dept. 2011) “Moreover, although the defendants contend that they submitted evidence