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Category: Pleadings

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Procedural Issues (203)

Coverage (160)

EUO issues (207)

Evidence (137)

Fee Schedule (127)

Medical Necessity (184)

Additional Verification (95)

IME issues (161)

Default denied based upon quirk of NYCCCA 403 and 404

May 6, 2017 No Comments

S & R Med., P.C. v Allstate Prop. & Cas. Ins. Co., 2017 NY Slip Op 50551(U)(App. Term 2d Dept. 2017). I always knew this quirk existed.

No need for traverse hearing where there was no opposition

March 13, 2017 No Comments

Wells Fargo Bank, N.A. v DeCesare, 2017 NY Slip Op 01592 (2d Dept. 2017) “The detailed and specific evidence submitted by DeCesare in support of her motion

Consolidation and belated discovery denied

July 19, 2010 6 Comments

SEE COMMENTS FROM DAMIN TOELL, ESQ. – for further explanation of this case. Kipor Medicine, P.C. v GEICO, 2010 NY Slip Op 51247(U)(App. Term 2d Dept.

Summary judgment denied based upon the failure to plead the "emergency doctrine" as an affirmative defense

April 3, 2010 No Comments

Franco v G. Michael Cab Corp., 2010 NY Slip Op 02744 (2d Dept. 2010) “The defendant could not properly rely on the emergency doctrine in support

Leave to amend should not be granted on the eve of trial

December 10, 2009 No Comments

We often see motions to amend being denied because an amendment is palpably devoid of merit. We rarely see these motions denied because the motion to

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