Wind it up
Professional corporation can continue operating and seek no-fault benefits despite revoked license, according to NY Appellate Term ruling on Business Corporation Law requirements.
Read More →Mallela issues
32 articles by Jason Tenenbaum, Esq.
Discovery penalty: dismissal
NY court dismisses medical provider's no-fault case for discovery violations and refusal to answer deposition questions about doctor's business interests
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Carothers to the COA (I missed it)
Court of Appeals grants leave in Progressive v Carothers case, creating rare four-opinion matter with certified question on Second Department's ruling
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Mallela not supported
Court ruling shows lack of evidence for Mallela defense in no-fault insurance case involving professional corporation ownership and control requirements.
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Failure to cooperate
Court ruling on no-fault insurance coverage denial due to provider's failure to cooperate at examination under oath and unlicensed practice violations.
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Mallela preservation
Court rules Mallela defense doesn't require timely denial preservation in no-fault insurance cases, contrary to plaintiff's argument in K.O. Med v USAA.
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The sad man’s DJ
Court dismisses insurance company's fraud-based declaratory judgment action lacking EUO testimony and claims-specific evidence, calling it a "sad man's DJ"
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Carothers
Court examines fraudulent incorporation under Mallela standard, analyzing Business Corporation Law requirements for professional service corporations in no-fault insurance case.
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Preliminary injunction denied – the analysis is questionable
Court denies preliminary injunction in Liberty Mutual fraud case, finding insufficient evidence of fraudulent incorporation despite gaps in EUO testimony.
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An unincorporated solo practitioner using his own social security number.
Court ruling on proper taxpayer identification requirements for no-fault insurance billing providers and when social security numbers vs EINs must be used.
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Reversal of Supreme Court’s vacatur on a First Department 75
First Department reverses Supreme Court's vacatur of arbitration award involving Mallela defense burden of proof in no-fault insurance reimbursement case.
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Mallela limited to Mallela
Court limits Mallela fraud defense in no-fault insurance cases, ruling fee-sharing arrangements don't justify withholding medical payments under New York law.
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Preponderance on a Mallela case
Court rejects preponderance vs. clear and convincing evidence standard argument in Mallela defense case involving unlicensed professional corporation control.
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Tenuous Mallela claim denied
Court rejects insurance carrier's argument that chiropractor's 5% billing company fee constitutes ownership under Mallela doctrine in New York no-fault case.
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Looking beyond the face of the agreement
Court finds fee-splitting arrangement violated Education Law, showing how contractual obligations can be challenged beyond no-fault insurance contexts.
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Dr. Andrew Carothers, we salute you.
Appellate Term affirms jury verdict against Dr. Carothers' medical practice in no-fault insurance case involving unlicensed ownership claims and regulatory compliance issues.
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Summary judgment granted on Mallela case
Court grants summary judgment in Mallela case, ruling healthcare providers must meet licensing requirements for no-fault insurance reimbursement under NY Insurance Law.
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Notice of Trial vacated based upon a "detailed" Mallela showing
Court vacates trial notice when defendant provides detailed Mallela defense showing plaintiff lacks proper licensing requirements for no-fault benefits recovery.
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A Mallela defense does not have to be pleaded
Appellate Term rules Mallela defense doesn't require formal pleading - adequate allegations of fraudulent incorporation sufficient for discovery rights
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Mallela defense must be arbitrated upon demand of Applicant
Court rules that Mallela fraudulent incorporation defenses must be decided by arbitrators, not courts, when applicants demand arbitration under no-fault law.
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Appellate Term delves deeper into Mallela – and the plaintiff bar is plunging into ever so deeper water
Appellate Term analyzes Mallela defense discovery standards, ruling preponderance of evidence sufficient for no-fault insurance licensing fraud claims in New York.
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Public Health Law 238-a defense?
New York appellate court ruling on Public Health Law 238-a defense in no-fault insurance cases and its relationship to Mallela-based violations and coverage requirements.
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An unproven Mallela defense will cost State Wide millions
NY No-Fault legal analysis: Mallela defense standards, burden of proof & pending Rabiner claims. Insurance case law update from State Farm v. Mallela
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Ins Law 5109 and the failure to promulgate regulations thereto is not fatal to a Mallela defense
First Department rejects argument that lack of regulations under Insurance Law 5109 prevents Mallela defenses, finding such a result would be absurd and contrary to fraud prevention.
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Consolidation and belated discovery denied
Court denies consolidation and amendment motions in no-fault insurance case, ruling on discovery procedures and fraudulent incorporation claims.
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Understanding Mallela-Based Discovery in New York No-Fault Insurance Cases
Expert guidance on Mallela-based discovery in New York no-fault insurance cases. Protecting Long Island & NYC healthcare providers. Call (516) 750-0595.
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Appellate Term holds CPLR 3212(f) relief is inappropriate under three separate circumstances
Analysis of Appellate Term decision limiting CPLR 3212(f) relief in three circumstances. Essential guidance for NY civil practice and discovery strategy.
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Interesting Mallela case from the Appellate Term, Second Department
Expert analysis of the Appellate Term ruling on physician billing for acupuncture services in New York. Learn compliance requirements for medical practices.
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Mallela Violations as Legal Malpractice Defense Strategy – Long Island & NYC
Nassau County case shows how no-fault Mallela violations can defend against legal malpractice claims. Strategic insights for Long Island and NYC attorneys.
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EUO Admissibility and CPLR 3212(f): Critical Evidence Rules for New York No-Fault Practice
Master EUO transcript admissibility and CPLR 3212(f) applications in NY no-fault practice. Expert analysis of RLC Medical decision and evidence rules for Long Island and NYC attorneys.
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Professional Service LLC Dissolution in NY: When Medical Licenses Are Suspended
Analysis of A.B. Med. Servs. v Travelers case on professional service LLC dissolution when medical licenses are suspended and asset recovery rights in New York.
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Why does a Malella defense surive an untimely disclaimer, while a workers compensation defense doesn't?
Understanding the inconsistent disclaimer requirements for Malella defenses versus workers compensation defenses in New York no-fault insurance cases.
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