An affidavit that was not up to par
March 18, 2010 No Comments
This is a case that came out, upon which I prevailed. I want you to compare the plaintiff’s affidavit in this case with that found in
This is a case that came out, upon which I prevailed. I want you to compare the plaintiff’s affidavit in this case with that found in
I tend to think that the more medical practice summary judgment motion cases you read, the more you see the interplay between no-fault and medical malpractice
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
Eastern Star Acupuncture, P.C. v Mercury Ins. Co., 2010 NY Slip Op 50380(U)(App. Term 2d Dept. 2010) “In support of its motion for summary judgment, defendant
Another owner of a medical facility, who improperly used the affirmation device, succumbed to Defendant’s summary judgment motion based upon the medical necessity defense. Doshi Diagnostic
The buzz on the street over the last few years is that “surgery” is necessary to breach the serious injury threshold. On the no-fault side, this
Kim v Orourke, 2010 NY Slip Op 01613 (2d Dept. 2010) “The defendant’s own examining neurologist reported findings of limitations in the ranges of motion in
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
B.Y., M.D., P.C. v Progressive Cas. Ins. Co., 2010 NY Slip Op 50144(U)(App. Term 2d Dept. [9th & 10th Jud. Dis.]) This case is interesting, besides
Elmont Open MRI & Diagnostic Radiology, P.C. v State Farm Ins. Co., 2010 NY Slip Op 50053(U)(Dis. Ct. Nassau Co. 2010) “When a doctor testifies outside
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
Sone v Qamar, 2009 NY Slip Op 09383 (1st Dept. 2009) “Defendant satisfied her initial burden of demonstrating, prima facie, that plaintiff did not sustain a
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
Now, Travelers has joined in the parade to non-suit plaintiffs who put in pro-forma affidavits of medical necessity in an attempt to defeat an insurance carrier’s
In the dissenting opinion of Rowe v Wahnow, 2009 NY Slip Op 29475 (App. Term 1st Dept. 2009), Justice McKeon discusses why he believes it is
In reading some of the entries in this blog, you might have noticed that a medical provider in a no-fault case, outside of New York, must
In the upcoming days, you will see the case of “Innovative Chiropractic v. Mercury Ins. Co” pop up on the most recent decision website. Innovative Chiropractic
In our latest adventure to the Appellate Term, entitled Exclusive Med. Supply, Inc. v Mercury Ins. Group, 2009 NY Slip Op 502273(u)(App. Term 2d Dept. 2009),
The District Court of Appeal, Third Division answered this question in the affirmative. In the matter of Millennium Diagnostic Imaging Ctr., Inc. v. United Auto Ins.
