Parisien v Maya Assur. Co., 2018 NY Slip Op 50771(U)(App. Term 2d Dept. 2018) “Plaintiff correctly argues on appeal that the affidavit submitted by defendant in support
Performance Plus Med., P.C. v Utica Mut. Ins. Co., 2015 NY Slip Op 50399(U)(App. Term 2d Dept. 2015) “We note that, contrary to plaintiff’s argument on appeal,
Quality Psychological Servs., P.C. v Avis Rent-A-Car Sys., LLC, 2015 NY Slip Op 50378(U)(App. Term 2d Dept. 2015) “Here, plaintiff has not alleged that it did not
NYU-Hospital for Joint Diseases v Allstate Ins. Co., 2014 NY Slip Op 08613 (2d Dept. 2014) On October 18, 2012, the plaintiff mailed a copy of the
Urban Well Acupuncture, P.C. v American Commerce Ins. Co., 2014 NY Slip Op 51520(U) “The action, seeking recovery of first-party no-fault benefits, is not ripe for summary
“Here, in light of the limited basis of the plaintiff’s motion for summary judgment on the complaint, which was premised solely on the defendant’s alleged
Mollo Chiropractic, PLLC v American Commerce Ins. Co., 2013 NY Slip Op 23419 (App. Term 2d Dept. 2013) “The Civil Court therefore found, in effect, that defendant’s
Matter of Matter of AIU Ins. Co. v Veras, 2012 NY Slip Op 03116 (1st Dept. 2012) “On June 4, 2005, respondent Veras and additional respondent
NYU-Hospital for Joint Diseases v Esurance Ins. Co., 2011 NY Slip Op 04436 (2d Dept. 2011) “Esurance issued a denial of claim, which incorrectly stated the
NYU Hosp. for Joint Diseases v Country Wide Ins. Co., 2011 NY Slip Op 04219 (2d Dept. 2011) “Here, even assuming that the denial of claim
St. Vincent’s Hosp. & Med. Ctr. v New Jersey Mfrs. Ins. Co., 2011 NY Slip Op 01828 (2d Dept. 2011) “The plaintiff, St. Vincent’s Hospital &
Westchester Med. Ctr. v New York Cent. Mut. Fire Ins. Co., 2011 NY Slip Op 01458 (2d Dept. 2011) If it could have gone wrong, it
Five Boro Psychological Servs., P.C. v Progressive Northeastern Ins. Co. 2011 NY Slip Op 51528(U) [32 Misc 3d 136(A)] Decided on August 4, 2011 Appellate Term,
One of many thorny issues in PIP litigation involves the defective denial rule. Specifically, when is a denial defective? The test, as it has been understood,
Quality Psychological Servs., P.C. v GEICO Ins. Co., 2010 NY Slip Op 51423(U)(Civ Kings. 2010) Here are the five statements from this case that are important.
Bath Med. Supply, Inc. v Allstate Indem. Co., 2010 NY Slip Op 20059 (App. Term 2d Dept. 2010) First, the Appellate Term, Second Department, appears to
This is not a new concept. If you do not preserve your objection, then you waive the right to challenge the proffered piece of evidence. In
I previously posed on this case. I was trying to figure out what the factual basis was behind the following Appellate Division holding: “Contrary to Allstate’s
St. Barnabus Hosp. v. Allstate Ins. Co., 2009 NY Slip Op 07824 (2d Dept. 2009) “Contrary to Allstate’s contention, however, the Supreme Court properly determined that
We kind of saw it in a previous post involving a Mercury case where a claim representative’s sworn affidavit could explain typographical errors in a resulting
