The denial of claim form does not need to be placed into evidence
June 10, 2010 12 Comments
Quality Health Prods., Inc. v NY Cent. Mut. Fire Ins. Co., 2010 NY Slip Op 50990(U)(App. Term 2d Dept. 2010) “Plaintiff argues, among other things, that
Quality Health Prods., Inc. v NY Cent. Mut. Fire Ins. Co., 2010 NY Slip Op 50990(U)(App. Term 2d Dept. 2010) “Plaintiff argues, among other things, that
Urban Radiology, P.C. v Tri-State Consumer Ins. Co., 2010 NY Slip Op 50987(U)(App. Term 2d Dept. 2010) This case really should be in the misc.3d reporter
Beal-Medea Prods., Inc. v GEICO Gen. Ins. Co., 2010 NY Slip Op 50800(U)(Civ. Ct. Kings Co. 2010) This is the topic that just will not go
Speciality Surgical Servs. v Travelers Ins. Co., 2010 NY Slip Op 50715(U)(App. Term 2d Dept. 2010) “At trial, defendant’s doctor testified that the services provided were
“Furthermore, the computerized range-of-motion tests referred to in Dr. Dudelzak’s affirmations were not in admissible form because they were not affirmed by someone with personal knowledge
Rivera v GT Acquisition 1 Corp., 2010 NY Slip Op 03158 (1st Dept. 2010) “The motion court properly disregarded the uncertified police report and unauthenticated photographs
Matter of Fortunato v Murray, 2010 NY Slip Op 03122 (2d Dept. 2010) “Contrary to the Family Court’s general statement of the applicable law, “[a] physician’s
McKenzie v Abrahams, 2010 NY Slip Op 03081 (2d Dept. 2010) “To establish liability in a medical malpractice action, a plaintiff must prove a departure from
Williams v City of New York, 2010 NY Slip Op 02783 (2d Dept. 2010) “Dr. Gutstein testified that the decedent’s hospital records for the 11-day period
Diel v Bryan, 2010 NY Slip Op 02230 (4th Dept. 2010) “We reject the contention of defendant that plaintiff’s expert witness, a board certified anesthesiologist, was
Once a month, the Fourth Department usually barrages us with about 100 or so decisions. The hard part is sifting through them quickly enough and finding
IAV Med. Supply, Inc. v Progressive Ins. Co., 2010 NY Slip Op 50433(U)(Civ. Ct. Richmond Co. 2010) Here is a civil court decision from Judge Dollard
A reoccurring problem in no-fault cases pending in Nassau County District Court is that certain judges have routinely found that defense experts, within the confines of
It is fascinating to see the resurgence of “footnote #5” in Pommels v. Perez. What is more fascinating is that while an unsworn MRI report on
Reiss v Roadhouse Rest., 2010 NY Slip Op 01632 (2d Dept. 2010) “At the hearings before the JHO, the intervenors failed to prove that GHI was
Gilmonio v Toussaint, 2010 NY Slip Op 50258(U)(App. Term 1st Dept. 2010). An appellate court found that the a knee surgery was insufficient to defeat a
Yes, you read that title correctly. Three bizarre decisions as of late, one which deals tangentially with no fault (Garcia v Leon, 2010 NY Slip Op
Ellis v Eng, 2010 NY Slip Op 01453 (2d Dept. 2010) This medical malpractice case, I think, is a must read for many reasons. First, it
Progressive Med., Inc. v Allstate Ins. Co., 2010 NY Slip Op 50219(U)(App. Term 2d Dept. 2010): “On cross-examination, the witness testified that he relied on several
Howard v Espinosa, 2010 NY Slip Op 00759 (3d Dept. 2010) This is yet another 5102(d) case. But, there is a line in this case that
