271 articles by Jason Tenenbaum, Esq.
Insurance companies use Colossus software to lowball your injury claim. Learn how this system works and how a Long Island attorney can fight back. Call 516-750-0595.
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Don't leave money on the table after your NY car crash. Understand no-fault benefits and when you can sue. Call 516-750-0595 for help.
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Master no-fault billing deadlines with expert strategies to avoid claim denials, compliance issues, and costly delays in New York insurance cases.
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Learn how no-fault insurance and workers compensation interact in workplace injury cases. Understand legal complexities, employer tactics, and your rights.
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Learn what "de novo" means in NY personal injury and no-fault cases. Understand how de novo review provides a fresh start when arbitration awards or court rulings seem unfair.
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Learn how insurers commit bad faith under NY's No-Fault Law and how to fight denied claims with legal strategies.
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Discover how collateral estoppel affects NY no-fault claims and how new legal reforms protect your rights after a car accident.
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Learn about motorcycle accident claims, personal injury coverage, and no-fault insurance. Expert guide for riders seeking compensation.
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Learn how to fight no-fault insurance claim denials in NY. Get expert tips on appeals, arbitration & securing the benefits you deserve.
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Learn about NY no-fault insurance: claim filing steps, verification process, and recent case law affecting insurance carriers' verification rights.
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Understanding policy exhaustion in New York no-fault insurance. Learn your rights when benefits reach limits. Get expert legal help - call 516-750-0595.
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Understanding legal defenses in New York no-fault insurance cases. Learn how to protect your rights in litigation. Call 516-750-0595 for expert help.
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Learn about declaratory judgment actions in NY no-fault insurance disputes. Understand your rights and get expert legal help. Call 516-750-0595 today.
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Missing your EUO can end your no-fault claim. Learn why attendance is mandatory and how to protect your benefits. Call 516-750-0595 for help.
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Involved in a staged car accident? Learn how insurance fraud affects coverage and your rights as an innocent victim. Call 516-750-0595 for legal help.
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Understanding loaner vehicle insurance coverage in NY. Expert legal analysis of who pays for injuries. Call 516-750-0595 for free consultation.
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Understanding NY no-fault priority of payment rules and how they affect your medical bills. Expert legal analysis. Call 516-750-0595 for consultation.
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Understanding no-fault verification requirements and compliance standards in NY. Legal analysis of recent court decisions. Call 516-750-0595 for help.
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Learn about objective standards for no-fault insurance examinations under oath on Long Island. Expert legal analysis from Jason Tenenbaum. Call 516-750-0595.
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Learn how to defend against material misrepresentation claims in no-fault insurance. Expert legal analysis from Long Island attorney Jason Tenenbaum. Call 516-750-0595.
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Learn about the 2% monthly post-judgment interest rate in no-fault insurance cases on Long Island. Expert legal analysis from Jason Tenenbaum. Call 516-750-0595.
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Learn about MVAIC's strict 45-day rule and reasonable excuse standards for late submissions. Expert legal analysis from Long Island attorney Jason Tenenbaum. Call 516-750-0595.
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Learn how range of motion limitations affect personal injury cases on Long Island. Expert medical evidence standards after Mahler v Lewis. Call 516-750-0595.
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Learn about personal knowledge requirements in no-fault insurance legal testimony on Long Island. EUO standards and evidence rules. Call 516-750-0595.
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Learn about CPLR 3212(g) applications in New York civil procedure. Summary judgment and mailing presumption rules for Long Island practitioners. Call 516-750-0595.
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Learn when the 6-year statute of limitations starts for no-fault insurance claims in NY. Expert legal guidance from JT Law. Call 516-750-0595.
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Learn what constitutes reasonable justification for late MVAIC submissions in NY. Don't miss this critical requirement. Call 516-750-0595.
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Learn about personal knowledge requirements for EUO no-show affidavits in NY no-fault cases. Expert analysis from JT Law. Call 516-750-0595.
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Court rules that timing matters in no-fault litigation when declaratory judgment orders conflict with civil court proceedings - first in time, first in right principle applies.
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Florida court cases demonstrate de minimis principle where $4.17 interest disputes are deemed too trivial for litigation, highlighting broader PIP system challenges.
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Florida appeals court ruling on Progressive vs Back on Track regarding 80% PIP reimbursement rates and statutory schedule of maximum charges interpretation.
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Explore two avenues of reimbursement in no-fault insurance: fee schedules vs. reasonable and customary charges. Florida court ruling on expert testimony methodology.
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Florida court rules that record keeping violations don't justify denying claims when treatments are medically reasonable and necessary, protecting patient access to care.
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Florida court case examining the English Rule of priority between competing assignees in no-fault insurance claims, distinguishing assignees from insureds in payment order disputes.
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Florida's demanding pre-suit requirements for PIP claims now require precision in demand letters, moving beyond substantial compliance to exact amounts.
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Florida's 35-day billing submission rule compared to NY's 45-day requirement - appellate court ruling against providers and strategic considerations for attorneys.
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New Jersey court rules insurance carriers cannot sue attorneys for "overpaid" PIP fees under IFPA when payments were regulatory penalties, not policy benefits.
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Learn about Ins Law 5106(c) trial de novo proceedings in NY no-fault insurance disputes. Expert insights on litigation strategy and settlement tactics.
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New York no-fault case shows how healthcare providers can justify failure to comply with insurance verification requests during claims processing.
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New York court ruling shows insurance companies must properly prove policy exhaustion claims with adequate foundation for payment records under CPLR 4518.
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Court decision analyzing EUO no-show affirmations in no-fault insurance cases, questioning sufficiency standards under Parisien v Ameriprise ruling.
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Court rules State Farm properly paid acupuncture claims using workers' compensation fee schedule for chiropractor services under New York no-fault insurance law.
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Court rules medical provider failed to justify submitting no-fault claim to wrong insurer, despite claim form allegedly bearing correct carrier's information.
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Learn how mutual rescheduling of EUOs can impact disclaimer timeliness in NY no-fault cases. Court ruling shows risks when insurers can't prove mutual rescheduling occurred.
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Court rules healthcare providers cannot demand $5,000 upfront payment as condition for attending examinations under oath in no-fault insurance cases.
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Court ruling on no-fault insurance benefits case where plaintiff successfully obtained summary judgment for unpaid medical bills totaling $44,573.86.
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New York court ruling warns insurance companies against rescheduling EUOs after second no-shows, potentially waiving denial rights in no-fault claims.
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Court denies forum non conveniens motion in NY no-fault case due to inadmissible hearsay evidence and procedural defects in proof presentation.
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State Farm v Burke Physical Therapy case analysis on post-EUO document demands and verification requirements under New York no-fault insurance law.
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New York appellate court clarifies when certified EUO transcripts establish non-appearance, highlighting the importance of personal knowledge in affidavit testimony.
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Analysis of AB Quality Health Supply Corp. v Nationwide Ins. case examining EUO notice requirements, address discrepancies between NF-2 and NF-3 forms, and practical litigation strategies.
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Court rules EUO transcripts inadmissible as business records under CPLR 4518(a) when no examination occurred, highlighting evidentiary standards in no-fault cases.
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New York court ruling on medical examination limits in no-fault cases - when defendants can require additional IMEs and plaintiff protections against bias.
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Court reinstated $1.2M verdict after defendants' untimely CPLR 4404(a) motion failed due to missing 15-day deadline without good cause shown for delay.
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New York court rules insurer's 30-day denial deadline is fatal when examination under oath request comes too late, highlighting arbitration standards.
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Court ruling clarifies that conditional discovery orders eliminate the need to prove willful conduct when imposing sanctions for non-compliance.
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Analysis of State Farm v AK Global Supply Corp. case examining prima facie standards for proving staged accidents in New York no-fault insurance claims and EUO timing requirements.
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Nassau County court finds no-fault insurance verification demands unclear, denies carrier's summary judgment motion for disclaimer validity in State Farm v Burke Physical Therapy case.
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Fourth Department ruling shows defendants can't defeat causation claims by simply alleging pre-existing conditions without explaining why range of motion decreased post-accident.
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Court ruling on no-fault insurance judgment interest rates: 2% monthly vs 9% yearly under Insurance Law § 5106(a) and former 11 NYCRR 65.15(h) regulations.
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Learn about staged accident fraud in NY no-fault insurance cases. Court analysis of intentional collision factors including policy age, inconsistent testimony, and party relationships.
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Court ruling on serious injury threshold where defense expert's failure to address absence of pre-accident pain undermines degenerative condition defense in NY no-fault case.
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Analysis of American Trust Ins. Co. v Acosta decision challenging Unitrin precedent on medical examination failures in New York no-fault insurance cases.
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Court ruling shows third party vendor TrackRight reports can establish proper mailing procedures for RPAPL 1304 compliance in foreclosure cases.
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Analysis of Pennsylvania notice-prejudice rule applied to NY no-fault cases, examining choice of law issues when out-of-state insurers provide coverage under New York's deemer statute.
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Attorney Jason Tenenbaum analyzes a procedural error in default judgment timing under CPLR 3215(c) and questions whether courts can overlook mandatory jurisdictional requirements.
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New York no-fault insurance case examining "reasonably convenient" EUO scheduling requirements and triable issues of fact in summary judgment motions.
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Learn about timely motion deadlines in NY no-fault cases. Court ruling clarifies when summary judgment motions are considered served under CPLR rules.
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Learn when EUO locations are considered reasonably convenient under NY no-fault insurance law, including virtual options and accommodation requirements.
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Court rules insurance company failed to prove passenger status fraud when EUO transcript wasn't included in motion papers, despite having sworn application.
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New York no-fault insurance licensure requirements for healthcare providers under 11 NYCRR 65-3.16(a)(12) - compliance issues and billing eligibility analysis.
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New York court case explores when self-insured vehicles use third-party administrators and applicable statute of limitations for no-fault claims.
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Island Life Chiropractic v 21st Century case review: EUO failure, 30-day denial deadlines, and Unitrin defense preclusion in New York no-fault insurance claims.
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New York appellate court observations from a PIP attorney's perspective on rising appeal costs, electronic filing needs, and procedural challenges in 2021.
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New York court affirms plaintiff's right to undergo surgery before independent medical examination, rejecting defendant's spoliation claims in personal injury case.
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$29 million jury verdict for teen catastrophically burned in NYC school chemistry class fire - third-degree burns to 31% of body, multiple surgeries, skin grafts
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Learn the crucial difference between personal knowledge and business records in no-fault insurance disputes, including proper evidence foundations for IME non-appearances.
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Court ruling on insurer subrogation rights and agency law in NY no-fault cases, establishing when subrogation accrues and notice requirements to carriers.
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Court rules insufficient evidence to prove DME supplier lacked licensing, highlighting burden of proof standards in New York no-fault insurance defense cases.
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A routine no-fault insurance case highlights two key defense strategies - EUO non-appearance and staged accident claims - while marking Unitrin's 10th anniversary.
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Florida court affirms trial court ruling on no-fault insurance interest calculation dispute, applying de minimis doctrine to $4.17 controversy despite Progressive's error.
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Florida court upholds $76,000 attorney fee award under Rule 1.442 proposal for settlement in PIP case, with implications for New York no-fault practice.
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Analysis of MRI evidence admissibility in New York no-fault cases, examining Madia v Garcia ruling and challenges with NY's evidentiary system for personal injury practitioners.
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Florida court examines whether billing code errors constitute fraudulent billing under no-fault insurance law, comparing to New York regulatory standards.
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Florida's 4th DCA ruled Progressive can apply Medicare's MPPR reductions to chiropractor bills despite Medicare not covering chiropractic services at all.
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Learn about CPLR filing requirements and time periods in New York courts. Expert analysis of Miller v Annucci case on notice of appeal filing deadlines and mailbox rule exceptions.
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Florida court rules GEICO must pay 80% of 200% of fee schedule, not 80% of billed amount, resulting in $100K attorney fee award on PIP claim.
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New York no-fault insurance ruling: resubmitted bills don't restart the 30-day pay or deny clock for duplicate claims under insurance regulations.
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Florida appeals court addresses complex PIP fee schedule calculations when billed amounts fall below 80% of maximum allowable charges, creating strategic payment options for insurers.
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Florida case examining reasonableness of medical charges in auto insurance claims, with implications for New York no-fault and third-party litigation practice.
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Court finds insurance company established reasonable excuse for default by demonstrating detailed record-keeping practices that would have captured service of process.
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New Jersey court rules PIP carriers cannot use intercompany arbitration against major medical insurers when seeking reimbursement for incorrectly paid claims.
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Analysis of PIP IME hearsay admissibility in New York no-fault insurance cases, comparing precedent with Florida's evolving appellate court decisions.
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Appellate Term Court creates questionable precedent on severance in no-fault insurance cases involving multiple accidents, departing from established law.
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Learn why precise stipulation language is crucial in no-fault insurance cases and when clerk's judgment entries require additional court motions in New York.
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New York no-fault lost wages cases: when to arbitrate vs litigate for first-party claims. Expert analysis of NF-6 workers, evidentiary issues, and medical complications.
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Learn how post-judgment interest rates work in New York no-fault cases through B.Z. Chiropractic v Allstate, covering Civil Court procedures and appellate review.
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Florida court upholds EUO as condition precedent in no-fault case, rejecting provider's argument that overdue bills discharge insured's duty to appear.
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Court ruling on whether emails satisfy CPLR 2104 writing requirements in settlement agreements, analyzing Forcelli precedent and signature standards.
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Learn about preclusion rules in NY no-fault insurance law, including Fair Price family issues, material misrepresentation defenses, and how timely disclaimers work.
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Personal injury attorney examines appellate strategy in Nieva-Silvera v Katz, where plaintiff successfully appealed $2M verdict to secure additional $570K damages.
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4th DCA ruling on manual muscle testing CPT codes in no-fault insurance - provider failed to justify unbundling evaluation codes with required documentation
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Florida court rules on no-fault insurance payment calculations when provider bills less than 80% of 200% Medicare rates in Geico v. Muransky case.
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Florida court affirms equitable estoppel doctrine when insurer wrongly denied PIP coverage then changed tactics after discovering their error in no-fault case.
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New York bad faith insurance claims face legislative challenges despite progressive majority. Analysis of third-party vs first-party bad faith standards and actionable carrier behaviors.
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Court ruling on MRI verification requirements in no-fault cases, addressing provider demands for reproduction costs and insurer verification rights.
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New York Court of Appeals judges with prosecutor backgrounds handling civil insurance and personal injury cases - analysis of impact on consumer protection and legal decisions.
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Court ruling clarifies that insurance companies can use substantially similar NF-10 denial forms and must prove proper mailing in no-fault cases.
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Court decision on COVID-19 executive order tolling periods for legal actions in New York, covering March 2020 to November 2020 statute of limitations suspensions.
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Analysis of U.S. Bank N.A. v Jalas ruling on CPLR 3215(c) dismissals and seven-year delays in default judgment motions under New York law.
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Court ruling on intentional acts and default judgments in New York no-fault insurance staged accident cases, with claims representative affidavits as evidence.
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NY appellate court rules NJ Transit waived Eleventh Amendment immunity defense in no-fault insurance case, preventing federal sovereign immunity claims.
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New York court ruling shows evolution in no-fault insurance mailing requirements, moving away from strict "duty to ensure compliance" standard for claims examiners.
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Personal injury attorney Jason Tenenbaum shares his insights on new Appellate Division judges, including Justice LaSalle and Justice Higgitt's promotions.
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NY appeals court clarifies EUO scheduling requirements in no-fault insurance cases, ruling that timely denials within 30 days don't require NF-2 form receipt.
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Analysis of Unitrin v Dowd case ruling that EUO no-shows void entire no-fault insurance policies ab initio, questioning the logic and consistency of this approach.
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New York court ruling on unreasonable EUO scheduling practices, mutual rescheduling vs stonewalling, and no-show defenses in no-fault insurance claims.
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Florida's comprehensive no-fault insurance reform bill passes both houses, potentially eliminating PIP coverage and mandating BI coverage for the first time in state history.
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Florida court rules that failure to pay statutory penalty alone does not entitle providers to attorney's fees in no-fault insurance cases, limiting litigation recovery options.
Read More →![$5000 (Ins Law 5106[c]) cannot be manipulated](https://cdn.jtnylaw.com/blog/5000-ins-law-5106c-cannot-be-manipulated.avif)
New York court clarifies that the $5,000 threshold for no-fault arbitration appeals cannot be artificially inflated by combining separate medical bills or services.
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Understanding when insurance companies can schedule examinations under oath in no-fault cases, whether before or after claim submission, based on recent court decisions.
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Learn about defaults and appearances in New York civil procedure, including CPLR requirements for defendants to avoid default judgments in legal actions.
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Roizman v Stromer case analysis: medical expert testimony requirements in NY courts, including foundation laying for opinions outside specialization areas.
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New York appellate court allows correction of defective declaration to proper affidavit form in summary judgment motion, demonstrating courts' flexibility with technical procedural defects.
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Yan Moshe faces GEICO lawsuit over fraudulent medical billing practices in New Jersey facilities and violations.
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Court ruling clarifies burden of proof standards in no-fault insurance cases, addressing cervical spine claims and delayed shoulder injury reporting requirements.
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New York courts resist e-filing despite pandemic push for modernization. Personal injury attorney critiques antiquated paper system and court inefficiencies.
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New York appellate court clarifies that plaintiffs don't need to prove absence of comparative negligence for partial summary judgment on defendant liability in personal injury cases.
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COVID-19's impact on New York courts and the need for modernizing outdated 1970s court systems and procedures for current legal challenges.
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New York no-fault insurance attorney discusses adapting legal practice during COVID-19 remote work, including arbitration submissions and virtual hearings.
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Attorney Jason Tenenbaum questions inconsistent COVID-19 response policies in March 2020, examining why beaches remained open during early pandemic lockdowns.
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New York no-fault attorney discusses handling the COVID-19 pandemic, praising New Yorkers' response while critiquing other states' approaches to crisis management.
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Personal reflections from a New York no-fault insurance attorney on treating employees with decency during crisis, prioritizing health over legal work.
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Long Island personal injury attorney discusses how COVID-19 pandemic may transform court proceedings and no-fault insurance practice in New York.
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New York court clarifies that reasonable excuse standards are relaxed for short-term defaults in no-fault insurance cases, providing relief for late responses.
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New York no-fault insurance statute of limitations analysis: when causes of action accrue and collateral estoppel defense strategies in medical provider cases.
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New York no-fault insurers must request examinations under oath within 30 days of receiving claims, or the requests become invalid under the Neptune rule.
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Master CPLR 3212(a) timing rules for summary judgment motions in NY. Learn the 120-day deadline, service requirements & good cause exceptions. Call 516-750-0595.
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Learn about Public Health Law bad faith insurance claims in New York. Expert legal guidance. Call 516-750-0595 for consultation.
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Learn about trial bifurcation strategies in New York personal injury litigation. Expert legal guidance. Call 516-750-0595.
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Learn about NF-3 verification forms in NY no-fault insurance. Understand requirements, response procedures, and how to handle verification disputes. Call 516-750-0595.
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New York court ruling on jurisdiction defenses in no-fault insurance cases - waiver of personal jurisdiction objections under CPLR 3211(e) requirements.
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Learn the serious consequences of missing an IME appointment in NY no-fault insurance. Expert analysis of rights, defenses, and strategic considerations. Call 516-750-0595.
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Learn about court briefing schedule rules and judicial discretion in New York no-fault insurance cases. Expert legal analysis of Golden Star decision. Call 516-750-0595.
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Learn how the Carothers decision affects professional corporation licensing in New York no-fault insurance law. Expert analysis for healthcare providers. Call 516-750-0595.
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Comprehensive guide to legal rights for mothers in NY. No-fault insurance, personal injury claims, family protections. Call 516-750-0595 for help.
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Court finds that medical reports citing only degenerative changes fail to eliminate factual disputes when they don't address patient's lack of pre-accident pain complaints.
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Expert analysis of NY acupuncture billing codes & no-fault insurance disputes. Learn your rights when insurance denies treatment. Call 516-750-0595 for help.
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Learn NY expert witness testimony requirements for personal injury cases. Understanding scope of practice limitations. Call 516-750-0595 for consultation.
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Understand NY no-fault insurance occupying vehicle coverage disputes. Expert Long Island attorneys help with GEICO coverage denials. Call 516-750-0595 free consult.
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First Department applies stringent default vacatur standard in Tri-State v Hereford, requiring reasonable excuse and meritorious defense despite public policy favoring merits.
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Comparison of 'serious injury' definitions between New York Penal Law 10.00(10) and Insurance Law 5102(d) in People v Garland, examining evidentiary standards.
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Court dismisses no-fault case after plaintiff completed marathon post-accident, demonstrating no significant permanent injury to ankles or knees.
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Court rules texting someone who kills in car accident doesn't create liability. Remote senders lack control over drivers unlike passengers in vehicle.
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First Department affirms arbitrators' decision allowing Travelers to recoup full payment under New York no-fault insurance law, finding determination was rationally based on statutes.
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Court ruling allows insurance company to use workers' compensation fee schedule defense for acupuncture services, separating specific CPT codes from the broader case.
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Court dismisses defamation case against Trump, ruling statements were too vague and subjective to be legally actionable under New York law.
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Court examines whether veteran's PTSD and mental health issues should have triggered inquiry before accepting guilty plea in burglary case.
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Court denies arrest warrant for defendant who failed to comply with post-judgment subpoena in no-fault insurance case, despite contempt finding.
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Court rules failure to file affidavit of service is procedural irregularity, not jurisdictional defect, and can be cured by motion in no-fault insurance cases.
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A New York appellate court ruled that chimpanzees cannot be considered "persons" under habeas corpus law, despite their human-like characteristics and cognitive abilities.
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Traffic ticket errors don't automatically lead to dismissal. Courts can overlook wrong statute citations if the violation is clearly described and defendant understands the charges.
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Court rules CPLR 321(c) cannot be used as sword against unrepresented party after stipulation settlement - protection for deprived counsel only.
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NY Court of Appeals upholds DMV license suspension regulations despite conflicts with Vehicle Traffic Law, with implications for insurance department regulatory authority.
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Key MVAIC case law on timely claim filing requirements and police reporting obligations under New York no-fault insurance law, including coverage defenses.
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New York court ruling shows insurance companies must provide detailed affidavits about mail handling procedures to successfully invoke the 45-day rule defense in no-fault cases.
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Beach accident case results in $2.2M verdict after police car strikes sunbather, requiring two cervical fusion surgeries. Key damages breakdown and legal implications.
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New York court rules defendant's employee representatives can remain in courtroom during trial proceedings and communicate with defense counsel in no-fault cases.
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Learn about a criminal case involving illegal tenant eviction tactics, highlighting why landlords must follow proper legal procedures under New York law.
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Analysis of CIP Physical Therapy v. Lawsky case challenging DFS attorney fee regulations in New York no-fault insurance practice, comparing hourly fee systems across states.
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Court of Appeals denies leave in Mallela limitation case, ending a problematic Article 75 petition that should never have reached appellate level.
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Jason Tenenbaum analyzes a no-fault insurance case heading to appeal, predicting reversal due to insurer's procedural failures in EUO scheduling and discovery tactics.
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Attorney Jason Tenenbaum reflects on former Judge Michael Ciaffa's transition to private practice and his contributions to no-fault insurance law understanding.
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New York appellate courts apply inconsistent standards when deciding whether to hear unpreserved arguments for the first time on appeal, creating uncertainty for practitioners.
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NY Court ruling on SUM insurance offsets changes game for motor vehicle accident claims involving non-motor vehicle tortfeasors like municipalities.
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A witness in a personal injury trial claimed the plaintiff performed a "Pike maneuver" learned from watching TV's Cops show, highlighting unusual trial testimony.
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Court dismisses negligent handshaking lawsuit, ruling that ordinary social interactions don't create sufficient risk of harm to establish legal liability under New York law.
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No-fault insurance case highlights burden of proof for proper mailing. Insurance companies must establish complete chain of evidence when claiming notices were sent.
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Attorney Jason Tenenbaum questions whether insurance carriers should be allowed to substitute IME doctors at trial, seeking input on courts permitting this practice.
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Court ruling shows how strategic affidavits can overcome insurance company defenses in no-fault verification disputes, forcing cases to trial.
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Long Island no-fault attorney Jason Tenenbaum explains the challenges of maintaining a legal blog while handling complex trials, depositions, and appeals in active practice.
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New York appellate court reinforces the long-standing rule that corporate officers must sign contracts individually to assume personal liability for business obligations.
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Court ruling in Compas Med. v Praetorian establishes that detailed mail receipt procedures can rebut presumption of claim receipt in no-fault insurance disputes.
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Long Island attorney Jason Tenenbaum criticizes Judge Judy's son, Putnam County DA Adam Levy, for handling a legal dispute unprofessionally in Levy v Smith case.
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New York appellate court reinforces Alrof precedent requiring personal knowledge proof for EUO non-appearance claims in no-fault insurance litigation.
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Learn how healthcare providers can successfully challenge peer review denials in no-fault insurance cases by submitting detailed medical rebuttals from treating physicians.
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A New York appellate court reminds judges to maintain judicial dignity after criticizing a Staten Island judge's colorful opinion writing style in a no-fault insurance case.
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Court strikes no-fault complaint for discovery violation despite minimal prejudice to defendant - analysis of CPLR 3126 sanctions and reasonable excuse standards.
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Understanding when appeals are prohibited in New York courts - a crucial reminder about vacated judgments and orders in no-fault insurance cases.
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New York court ruling on missing witness charges in civil trials - when courts should instruct juries to draw adverse inferences from a party's failure to call expected witnesses.
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Learn the critical timing and location rules for venue transfer motions in New York courts, including common procedural pitfalls that can derail your case.
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New York court rules that trial costs and expert witness cancellation fees are not reimbursable when defense attorney becomes ill, reversing $6,900 award.
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New York no-fault insurance carriers risk costly legal defeats when third-party mailing vendors fail to prove proper delivery procedures for claim denials.
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Long Island attorney Jason Tenenbaum launches his new website in 2015, transitioning from his popular no-fault insurance law blog to provide enhanced legal content.
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Insurance companies that accept premium payments after policy cancellation may waive their right to claim the policy was void, as demonstrated in this New York case.
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New York appellate court highlights inconsistencies in no-fault insurance law regarding IME request timing and policy voiding procedures in healthcare provider billing disputes.
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A New York court ruling demonstrates how an incorrect zip code on IME scheduling letters can defeat an insurance company's proof of mailing in no-fault cases.
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Remembering Norman Dachs, pioneer personal injury attorney and respected no-fault insurance master arbitrator who challenged legal boundaries and elevated practice standards.
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New York landlord-tenant law case Guy v Washington on estoppel when landlords request early vacation and tenant compliance bars lease enforcement.
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Appellate Term clarifies burden of proof for insurers denying no-fault claims based on missed IMEs. Learn how proper documentation can reverse unfavorable trial court decisions.
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MVAIC default vacatur motion denied in Delta Diagnostic case. Court finds notarized claim form and police report sufficient proof of NY residency under Insurance Law § 5202.
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Attorney Jason Tenenbaum reflects on Hon. Donna Marie Golia joining the bench, following in her father Justice Joseph Golia's distinguished judicial footsteps.
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Attorney Jason Tenenbaum apologizes for a two-week delay in blog posts due to an intensive trial in Riverhead and catching up on law firm responsibilities.
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Learn what constitutes a prima facie case in New York no-fault insurance litigation. Analysis of Viviane Etienne case and burden of proof requirements for summary judgment.
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Legal analysis of People v Williams case examining how medical advances in HIV treatment affected criminal charges, reflecting broader changes in legal standards over time.
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New York Department of Financial Services announces criminal charges against 18 healthcare providers for no-fault insurance fraud, highlighting ongoing enforcement efforts.
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Court rules expert affidavit was conclusory when transportation engineer failed to provide underlying data supporting accident reconstruction opinions.
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Court grants summary judgment on negligence but leaves causation questions open, demonstrating how complex liability cases can be divided into discrete legal issues.
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Court decisions highlight differing approaches to MVAIC claims when vehicle owners are known versus unknown, affecting no-fault benefit recovery strategies.
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New York courts allow remote video depositions via Skype when plaintiffs cannot travel, providing flexible solutions for no-fault insurance litigation proceedings.
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Wells Fargo v Meyers ruling weakens CPLR 3408 mortgage foreclosure protections, allowing banks to negotiate in bad faith without meaningful consequences.
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Complete analysis of 2013 New York no-fault insurance regulation amendments. Learn how the 120-day rule affects personal injury claims on Long Island and NYC.
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Expert legal analysis of People v Curran and hearsay evidence rules in New York. Learn how victim testimony affects personal injury cases on Long Island and NYC.
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Analysis of proposed New York no-fault insurance law changes affecting examination under oath procedures and claimant rights in 2012.
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New York appellate court clarifies burden of proof in no-fault insurance cancellation disputes, shifting responsibility to claimants to prove procedural defects.
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Fourth Department upholds confession after 49-hour interrogation with minimal sleep, raising serious questions about police procedure limits and constitutional protections.
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Court rejects medical opinions lacking objective basis for causation in no-fault case with prior injuries. Physicians must address pre-existing conditions to establish accident-related disability.
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A New York appellate court ruled that a judge's joke about seeking employment with opposing counsel didn't warrant recusal, distinguishing it from serious conflicts of interest.
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Court enforces summary judgment when medical provider fails to timely apply to Workers' Compensation Board in New York no-fault insurance case
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New York Court of Appeals clarifies that property owners need only notice of conditions, not that they knew those conditions were dangerous for negligence claims.
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Get expert legal analysis on Major medical carrier taken to the mat for unscrupulous conduct from Law Office of Jason Tenenbaum | Personal Injury Lawyers
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Doctor convicted of insurance fraud for falsifying no-fault C-4 forms, showing patient as disabled when they were working. Court upheld conviction based on consistent witness testimony.
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Burns v Kaplan case analysis: psychotherapist sues patient for missed appointment fee, patient claims medical emergency defense in small claims court dispute.
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New York appellate court addresses key evidentiary issues including hearsay exceptions, interrogatory use for impeachment, and harmless error doctrine in civil litigation.
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Understand appellate jurisdiction in NY courts. Learn when court orders can and cannot be appealed. Expert appellate guidance for Long Island and NYC. Call 516-750-0595.
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Expert credit card debt collection defense for Long Island and NYC residents. Understand your rights and defenses against credit card lawsuits. Call 516-750-0595.
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Court incorrectly rules IME findings aren't conclusive for post-IME treatments in no-fault insurance case, contradicting established precedent.
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People v Donato analysis: Due process violations in NYC Justice Courts. Protect your constitutional rights. Expert defense. Call 516-750-0595 for help.
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Court remands no-fault case to determine interest calculations, highlighting complexities in Insurance Law § 5106(a) tolling provisions for overdue medical benefits.
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Bankruptcy discharge doesn't eliminate judgment liens on property - important considerations for personal injury attorneys and no-fault insurance practitioners.
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CPLR 5520 case analysis: attorney served wrong party in no-fault appeal, court grants extension and stay despite procedural error in medical necessity dispute.
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Nassau County Judge Cooper's long career in no-fault insurance law cases, including IME no-show cross-motions and summary judgment practice in District Court.
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New York court clarifies what constitutes a prima facie case for no-fault insurance providers seeking summary judgment, including standards for timely claim denials.
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Attorney's experience with Nassau District Court's professional no-fault insurance proceedings, comparing their organized system to NYC venues and praising their adherence to IAS standards.
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Florida court rules on IME no-show case, finding unreasonable excuse for missing medical exam appointments despite notice issues in no-fault insurance claim.
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Learn what constitutes a non-negligent explanation when you rear-end another vehicle in New York, including mechanical failures and sudden stops as valid defenses.
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Response to Sun's comment on blanket denials in New York no-fault insurance law, discussing DOI requirements and A&S Medical case interpretation.
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Attorney's firsthand courtroom experience arguing acupuncture fee schedule motions and IME cut-off cases in New York no-fault insurance litigation, including common defense arguments.
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Baker Sanders litigation takes unexpected turn in malpractice case unrelated to PIP, exploring corporate veil piercing and attorney liability protections.
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Fourth Department ruling clarifies that exotic dancing employment cannot be used as prior bad act evidence for cross-examination in criminal trials.
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Long Island no-fault lawyer successfully appeals family court child support case pro bono, demonstrating versatility beyond insurance law practice.
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New York court ruling on IME no-show defenses in no-fault insurance cases, analyzing coverage vs. exclusion distinctions and preclusion rules.
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Expert analysis of New York No-Fault interest regulations and the complex timing issues determining compound vs simple interest rates. Call 516-750-0595 for consultation.
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Expert analysis of passenger liability in NY motor vehicle accidents. Understand assumed duty limits and liability theories. Long Island & NYC attorneys. Call 516-750-0595.
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New York no-fault insurance case analysis examining peer review evidence requirements and stipulation breaches in medical necessity defenses.
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Attorney Jason Tenenbaum highlights David Barshay's important analysis of New York's new fee schedule changes and their impact on no-fault insurance law.
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Learn about assignment revocation and material misrepresentation defenses in New Jersey vs New York no-fault insurance law from this landmark 2010 court decision.
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Learn about the 45-day rule for MVAIC claims and CPLR 3212(f) discovery requirements. Key court case analysis for New York no-fault insurance practitioners.
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Cuomo v Ferran case explores mobile dental treatment fraud and no-fault insurance implications involving converted Greyhound buses used as mobile dentist offices in New York.
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Attorney Jason Tenenbaum discusses why the fee schedule defense in no-fault insurance cases is fundamentally flawed and unjust to medical providers and injured parties.
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Personal injury attorney Jason Tenenbaum reflects on mixed appellate court results, challenging misconceptions about defendant-friendly rulings in no-fault cases.
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New York passes no-fault divorce legislation in 2010, allowing divorce based on irretrievable breakdown. Brief analysis of the new law's requirements and provisions.
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How Liberty Mutual lost over $10,000 due to poor legal preparation in Nassau County court. Expert analysis of no-fault insurance defense mistakes. Call 516-750-0595.
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Understanding NY dog bite law: How territorial behavior and protective instincts can establish liability. Expert analysis of Grillo v Williamsh case.
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Understand when collateral estoppel applies in New York personal injury and no-fault cases. Essential legal guidance for Long Island and NYC attorneys dealing with expert witness credibility challenges.
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Learn how debt assignment problems, sewer service, and court disrespect destroy collection cases. Nassau County legal defense from experienced attorneys.
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Understanding CPLR 3404 differences between NY judicial departments. Long Island and NYC personal injury attorney explains procedural variations and case impact.
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The NY Appellate Division delivers an unexpectedly candid ruling on the emergency doctrine, showing rare judicial personality in a motor vehicle collision case.
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Understanding reasonable excuse requirements for opening default judgments in New York courts. Expert legal guidance on CPLR procedure. Call (516) 750-0595.
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Second Department ruling allows untimely summary judgment motions on nearly identical grounds. Strategic insights for Long Island and NYC litigation practice.
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Road rage incidents in New York can escalate to deadly violence with severe legal consequences. Learn about vehicular assault cases and criminal charges.
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Expert analysis of HIPAA compliance in New York no-fault litigation. Learn when medical authorizations are required for discovery and benefits claims.
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Understanding account stated claims and service verification in New York no-fault medical billing disputes. Expert legal guidance from experienced NY attorneys. Call 516-750-0595.
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Experienced personal injury attorney serving NYC and Long Island. Get expert legal representation for accidents, injuries, and insurance claims. Call 516-750-0595 for consultation.
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Legal networking in the digital age: How professional connections through blogs and online platforms benefit New York no-fault insurance attorneys and the broader legal community.
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Learn about insurance company rehabilitation in New York, including the landmark Interboro case and how Article 73 & 74 of Insurance Law affect no-fault claims and policyholders.
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Learn about insurance subrogation rights and property damage claims in New York. Expert analysis of Liberty Mutual v. Perez case and subrogation procedures.
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Banking crisis and foreclosure abuse lessons from Deutsche Bank v. Oliver case in Nassau County, examining corporate misconduct beyond insurance carriers during 2008-2009 financial crisis.
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Learn how MRI quality issues can impact Long Island personal injury claims and no-fault insurance coverage. Expert analysis of imaging standards and case outcomes.
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New York criminal court procedure differences from civil rules - essential knowledge for Long Island and NYC attorneys handling diverse case types.
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Great Wall case teaches NY attorneys to avoid personal attacks. Long Island lawyer explains professional conduct standards in court. Call 516-750-0595.
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