Ortho Pro Labs, Inc. v American Tr. Ins. Co., 2009 NY Slip Op 52693(U)(App. Term 2d Dept. 2009) “In this action by a provider to recover
RLC Med., P.C. v Allstate Prop. & Cas. Ins. Co., 2009 NY Slip Op 52691(U)(App. Term 2d Dept. 2009) “Defendant denied Craigg’s $269.60 claim based upon
Plourd v Sidoti, 2010 NY Slip Op 00056 (3d Dept. 2010) “Plaintiff thereafter commenced this action, alleging that the failure of the emergency room [*2]physician, defendant
One of the issues that regular readers of the blog know that I discuss is whether an affirmation or affidavit of a physician is sufficient to
Since proof of standing is generally not an affirmative part of a no-fault claimant’s prima facie case, this case from the First Department might be of
The Appellate Division, Second Department, in Shectman v Wilson 2009 NY Slip Op 09208 (2d Dept. 2009), observed the following: “Here, the defendant physicians established their
While I do not generally discuss Civil Court decisions, the one of Judge Levine in the matter of Popular Imaging, P.C. v State Farm Ins. Co.,
In another interesting evidentiary based case, the Fourth Department in People v Manges, 2009 NY Slip Op 08258 (4th Dept. 2009) evaluated the “contemporaneous” and “business
Matter of New York Rezulin Prods. Liab. Litig. v Pfizer, Inc., 2009 NY Slip Op 07496 (1st Dept. 2009) “There is no basis to disturb the
In federal practice and in the practice of most states that have codified their rules of evidence, the answer to this question is a resounding yes.
Madison-68 Corp. v Malpass 2009 NY Slip Op 06154 (1st Dept. 2009) “Plaintiff’s objection, made under the best evidence rule, to the admission of the lease
Andromeda Med. Care, P.C. v Utica Mut. Ins. Co., 2009 NY Slip Op 51629(U)(App. Term 2d Dept. 2009) “The affidavits proffered by defendant in support of
Pan Chiropractic, P.C. v Mercury Ins. Co. 2009 NY Slip Op 51495(U)(App. Term 2d Dept. 2009) Sensing the belief that no-fault actions were starting to follow
> In a very interesting case, the Appellate Division, Fourth Department held that principles of collateral estoppel do not apply in arbitration. Matter of Falzone v
In the world of appellate practice, there are three types of appeals you can take up. The first type of appeal involves the instance where you
It is nice to see the death of a case, which was improperly decided in the first instance. In many ways, it is a vindication to
I have always said that to understand no-fault, you need to understand bodily injury law. This is typified through instances where the result of an assigned
In the matter of PLP Acupuncture, P.C. v Progressive Cas. Ins. Co., 2009 NYSlipOp 50491(U)(App. Term 2d Dept. 2009) http://www.courts.state.ny.us/reporter/3dseries/2009/2009_50491.htm, the Appellate Term observed the following:
I got that line from another blogger. That comment refers to a case that is anything but remarkable. Although there was a long and very thoughtful
V.S. Med. Servs., P.C. v Travelers Ins. Co. 2009 NY Slip Op 50048(U) (App. Term 2d Dept. 2009) Plaintiff offered the testimony of its former employee
