And now the Ninth and Tenth follow lockstep with the Second, Eleventh and Thirteenth
Elmont Open MRI & Diagnostic Radiology, P.C. v Clarendon Natl. Ins. Co., 2010 NY Slip Op 52061(U)(App. Term 2d Dept. 2010) Dynamic Med. Imaging, P.C. v
Elmont Open MRI & Diagnostic Radiology, P.C. v Clarendon Natl. Ins. Co., 2010 NY Slip Op 52061(U)(App. Term 2d Dept. 2010) Dynamic Med. Imaging, P.C. v
Richmond Pain Mgt., P.C. v Clarendon Natl. Ins. Co., 2010 NY Slip Op 52015(U)(App. Term 2d Dept. 2010) (my case) Radiology Today, P.C. v Mercury Ins.
The November 10, 2010 decisions from the Appellate Term disclose two (2) Pan Chiropractic v. Mercury citings. High Quality Med., P.C. v Mercury Ins. Co., 2010
Active Imaging, P.C. v Progressive Northeastern Ins. Co, 2010 NY Slip Op 51842(U)(App. Term 2d Dept. 2010) The Appellate Term, Second Department rejected a plaintiff’s challenge
This will be two posts in a row where the name “Domotor” will be mentioned. Why you ask? Well, if you read the court’s legal findings
I suspect if there is one case that I won that I never thought would be consistently cited, Pan Chiro would be it. Pan Chiro involved
Altair Med., P.C. v Clarendon Natl. Ins. Co., 2010 NY Slip Op 51721(U)(App. Term 2d Dept. 2010) Defendant’s contention that the Civil Court should have granted
Elmont Open MRI & Diagnostic Radiology, PC v New York Cent. Mut. Fire Ins. Co., 2010 NY Slip Op 51588(U)(Dis. Ct. Nassau Co. 2010) I would
Travis v Batchi, 2010 NY Slip Op 05862 (1st Dept. 2010) “The examination records of plaintiff’s own treating physician/expert show that she had full strength and
Okay, I am back to my posts regarding what should be necessary to defeat a medical necessity summary judgment motion. This is from a lead paint
“Dr. Thompson also failed to reconcile his findings of limitation in the plaintiff’s left shoulder in May 2009, as set forth in his affirmation, with the
In support of the plaintiff’s [respondent’s] cross motion, she relied upon, inter alia, Dr. Westreich’s affirmation, which was sufficient to meet her prima facie burden of
Innovative Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co., 2010 NY Slip Op 50884(U)(App. Term 2d Dept. 2010) “Appeal from an order…granting plaintiff’s cross
Elmont Open MRI & Diagnostic Radiology, P.C. v State Farm Ins. Co., 2010 NY Slip Op 50829(U)(App. Term 2d Dept. 2010) “Appeal from an amended order
Alur Med. Supply, Inc. v Clarendon Natl. Ins. Co., 2010 NY Slip Op 50700(U)(App. Term 2d Dept. 2010) “Contrary to plaintiff’s contentions, once defendant submitted an
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
Quality Psychological Servs., P.C. v Mercury Ins. Group, 2010 NY Slip Op 50601(U)(App. Term 2d Dept. 2010) “In opposition to defendant’s motion, plaintiff submitted, among other
Another Plaintiff failed to raise a triable issue of fact against a medical necessity summary judgment motion. This affidavit, if memory served me correct, was quite
My medical necessity summary judgment crusade continues. Gz Med. & Diagnostic, P.C. v Mercury Ins. Co., 2010 NY Slip Op 50491(U)(App. Term 2d Dept. 2010) We
Vaccaro v St. Vincent’s Med. Ctr., 2010 NY Slip Op 02547 (2d Dept. 2010). It is probably a deviation of the standard of care as limited