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Category: Declaratory Judgment Action

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Procedural Issues (203)

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Where was the reasonable excuse?

July 21, 2018 No Comments

Two cases, differing fact patterns and no showing at all of a reasonable excuse. Right Solution Med. Supply, Inc. v Republic W. Ins. Co., 2018 NY Slip

An order granting a declaratory judgment suffices for affirmation in opposition

April 22, 2018 No Comments

Healing Art Acupuncture, P.C. v 21st Century Ins. Co., 2018 NY Slip Op 50583(U)(App. Term 2d Dept. 2018) (1) “The Supreme Court order granting defendant’s motion

DJ not collateral estoppel

April 14, 2018 No Comments

Active Care Med. Supply Corp. v Amica Mut. Ins. Co., 2018 NY Slip Op 50500(U)(App. Term 2d Dept. 2018) The man who wrote the book glossed over

Failure to include order/judgment with declaration is fatal

February 19, 2018 No Comments

Active Chiropractic, P.C. v 21st Century Ins. Co., 2018 NY Slip Op 50200(U)(App. Term 2d Dept. 2018) Many times the Court will write motion granted settled order,

Avoiding the 120-day rule to make a summary judgment motion

February 19, 2018 No Comments

Active Chiropractic, P.C. v Allstate Ins., 2018 NY Slip Op 50201(U)(App. Term 2d Dept. 2018) “Initially, we note that, although defendant’s motion was denominated as one to

Attorneys fees on a DJ

December 17, 2017 No Comments

Hertz Vehs., LLC v Cepeda, 2017 NY Slip Op 08603 (1st Dept. 2017) The question left unanswered in Fiduciary was what happens if the Assignor (or EIP)

Court addresses lack of meritorious defense and fails to evaluate reasonable excuse

June 10, 2017 No Comments

Hu-Nam-Nam v Allstate Ins. Co., 2017 NY Slip Op 50685(U)(App. Term 2d Dept. 2017) “Defendant moved by order to show cause in the Civil Court to vacate

Notice of Entry

May 19, 2017 1 Comment

Wells Fargo Bank, N.A. v Frierson, 2017 NY Slip Op 03984 (2d Dept. 2017) “”[I]t is axiomatic that before an order may be enforced, notice of such

Declaratory judgment actions against the city

May 6, 2017 No Comments

Country-Wide Ins. Co. v. Dejean, 2017 NY Slip Op 30752(u)(Sup. Ct. NY Co. 2017) I have not had to deal with one of these in awhile.

A DJ to nowhere

February 15, 2017 No Comments

Kemper Independence Ins. Co. v Adelaida Physical Therapy, P.C., 2017 NY Slip Op 00916 (1st Dept. 2016) “Although the failure of a person eligible for no-fault benefits

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