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This case takes mobile treatment to new speeds. Cuomo v Ferran, 2010 NY Slip Op 07304 (2d Dept. 2010): “The defendants Lewis Brestin and Marina Bonaparte

In today’s edition of the New York Law Journal,  I discuss why the “fee schedule” defense is anything but a defense.  The article is entitled: “Is

As those of you know, I usually publish an article in the New York Law Journal each spring or summer regarding some thoughts I have about

This was just a thought as I read through the Appellate Term, Second Department, decisions that came out today.  I will confess that I was .5

I was inspired by DG over at NFP to write something not no-fault related, per se. But then I realized people do not read this blog

I came across this trade industry group called “New York Fair”, who seems focused on modifying some of the provisions of the new proposed regulations and

I took this description of me off of Ray Zuppa’s final post on his pit.  I am not sure it is true, but I will take

Westchester Med. Ctr. v Liberty Mut. Ins. Co. 2010 NY Slip Op 30649(u)(Sup. Ct. Nassau Co.) This case involved a non-coverage defense – actually, two of

Grillo v Williamsh, 2010 NY Slip Op 02290 (4th Dept. 2010) The Court denied a motion for summary judgment in a strict-liability dog-bite case.  I dislike

Gorelik v Gorelik, 2010 NY Slip Op 01922 (2d Dept. 2010) “Contrary to the plaintiff’s contention, the Supreme Court correctly declined to give collateral estoppel effect

Numerous assignments of a debt, sewer service and a lack of respect for a court can spell complete disaster.  Read below. Erin Servs. Co., LLC. v

The Appellate  Division First Department has on numerous occasions has held that CPLR 3404 applies to Civil Court actions, while the Second Department has found that

Mayard v Wheels, Inc., 2010 NY Slip Op 00653 (2d Dept. 2010) “Under these circumstances, where McKenzie was faced with a sudden and unexpected circumstance, not

In another CPLR issue, the Appellate Division affirmed the order of the Supreme Court that allowed a defendant to open an entered default. Rodgers v 66

Lennard v Khan, 2010 NY Slip Op 00482 (2d Dept. 2010) If an untimely MSJ  by another party addresses identical issues of a timely moving party’s

In my exploration of cases, I came across this really disturbing case.  What can someone do to provoke this type of reaction? People v Stewart, 2009

One issue or perhaps concern that exists in no-fault practice is whether a provider needs to submit a HIPPA compliant authorization in order to prosecute an

The Appellate Term, six years ago, analogized an action sounding in no-fault benefits to one for an account stated.  An account stated cause of action is

I am sure that those of you who read my blog on a regular or semi-regular basis have figured out who I was by now.  Let

I would like to thank Roy Mura at coverage counsel for including this blog in his google search. The irony is that you never really know