Since proof of standing is generally not an affirmative part of a no-fault claimant’s prima facie case, this case from the First Department might be of
Chester Med. Diagnostic, P.C. v State Farm Mut. Auto. Ins. Co., 2009 NY Slip Op 52598(U)(App. Term 2d Dept. 2009) “On November 21, 2006, plaintiff, a
“The magnetic resonance imaging (hereinafter the MRI) report of Dr. Steven Brownstein concerning McMullin’s lumbar spine, the MRI report of Dr. Dennis Rossi concerning McMullin’s cervical
“The magnetic resonance imaging (hereinafter the MRI) report of Dr. Steven Brownstein concerning McMullin’s lumbar spine, the MRI report of Dr. Dennis Rossi concerning McMullin’s cervical
What happens if you draft an affirmation that is missing the magical “2106” language and the defect is properly objected to? You lose. Can you move
CPLR 3404 was recently discussed in Kahgan v Alwi, 2009 NY Slip Op 08183 (2 Dept. 2009), as demonstrated below: “The plaintiff filed her note of
State Farm Ins. Co., v. Frias, 2009 NY Slip Op 07825 (2d Dept. 2009) Dave Gottlieb at No-Fault Paradise posted on this case, and offered his
State Farm Ins. Co., v. Frias, 2009 NY Slip Op 07825 (2d Dept. 2009) Dave Gottlieb at No-Fault Paradise posted on this case, and offered his
Stoian v. Reed, 2009 NY Slip Op 07713 (3d Dept. 2009) “We also reject plaintiffs’ assertion that Supreme Court abused its discretion in failing to grant
Andromeda Med. Care, P.C. v Utica Mut. Ins. Co., 2009 NY Slip Op 51629(U)(App. Term 2d Dept. 2009) “The affidavits proffered by defendant in support of
The answer, unfortunately, is that too many practitioners fail to understand how to utilize and work with these statutes. It seems that in the field of
The law is simple: Disputes involving whether an insurance carrier in a no-fault coverage dispute is primary, secondary, or tertiary must be resolved through intercompany arbitration.
