516-750-0595
Se Habla Español

Blog

Category: Procedural Issues

Popular Categories

Procedural Issues (203)

Medical Necessity (184)

Additional Verification (95)

IME issues (161)

Where did 4518 come from?

July 6, 2014 1 Comment

Eagle Surgical Supply, Inc. v Allstate Prop. & Cas. Ins. Co., 2014 NY Slip Op 50950(U)(App. Term 2d Dept. 2014) “Contrary to plaintiff’s sole contention on

Notice of Entry is not what some think it means

July 6, 2014 No Comments

All Boro Psychological Servs., P.C. v Travelers Prop. Cas. Co. of Am., 2014 NY Slip Op 24161 (App. Term 2d Dept. 2014) (1) In this action

Stipulation does not serve as collateral estoppel

June 9, 2014 No Comments

All Boro Psychological Servs., P.C. v Allstate Ins. Co., 2014 NY Slip Op 50870(U)(App. Term 2d Dept. 2014) Remember the stipulation where the releasee agreed that

Another IME no-show victory shrowded in American Transit citations

June 4, 2014 2 Comments

Healthy Way Acupuncture, P.C. v Allstate Ins. Co., 2014 NY Slip Op 50841(U)(App. Term 1st Dept. 2014) “The defendant-insurer made a prima facie showing of entitlement

Motion to strike “3212(g) findings” denied

May 26, 2014 1 Comment

EMC Health Prods., Inc. v Geico Ins. Co., 2014 NY Slip Op 50786(U)(App. Term 2d Dept. 2014) “On appeal, defendant fails to articulate a sufficient basis

Speak your mind in the wrong forum? It will cost you. Fail to supervise your employees? A price will be paid.

May 16, 2014 2 Comments

Promed Durable Equip., Inc. As Assignee of Shavonne Flinch v Geico Ins., 2014 NY Slip Op 72449(U)(App. Term 2d Dept. 2014) You can read this. From the

Collateral estoppel again

May 15, 2014 No Comments

Clark v Farmers New Century Ins. Co., 2014 NY Slip Op 03311 (3d Dept 2014) The equitable doctrine of collateral estoppel precludes a party from relitigating

EUO no-show DJ is successful (for the most part)

April 30, 2014 9 Comments

IDS Prop. Cas. Ins. Co. v Stracar Med. Servs., P.C., 2014 NY Slip Op 02902 (2d Dept. 2014) It is well established that the failure to

Trial De Novo reqires each award to be equal to or greater than $5000

April 30, 2014 1 Comment

Imperium Ins. Co. v Innovative Chiropractic Servs., P.C, 2014 NY Slip Op 50697(U)(App. Term 1st Dept. 2014) The plaintiff insurer commenced the underlying actions, consolidated below,

Add this to the mix of why the “120 day rule” or “60 day rule” should not apply to Civil Court MSJ’

April 25, 2014 2 Comments

Golden v Lynch, 2014 NY Slip Op 50663(U)(App. Term 2d Dept. 2014) From the Appellate Term, Second Department today: “Although defendant claims that she was at a

How Huntington/Travelers can play out

April 19, 2014 1 Comment

Huntington Med. Plaza, P.C. v Travelers Indem. Company This was previously discussed on here. Many of us believe this was a half baked decision. Some claims

It is not a Note of Issue

April 8, 2014 No Comments

Exceptional Med. Care, P.C. v Fiduciary Ins. Co., 2014 NY Slip Op 24091 (App. Term 2d Dept 2014) 3212(a) specifically states “note of issue”. When will

The 60-day rule that was never published in the law journal

April 2, 2014 1 Comment

Tong Li v Citiwide Auto Leasing, Inc., 2014 NY Slip Op 50481(U)(App. Term 2d Dept. 2014) “It is undisputed that, under the rules of Part 41 of

Declaratory judgment action given preclusive effect

March 25, 2014 No Comments

Flatlands Med., P.C. v Kemper Ins. Co., 2014 NY Slip Op 50419(U)(App. Term 2d Dept, 2014) “In support of its motion, defendant established that a declaratory

Marked off and cannot be dismissed on motion

March 18, 2014 No Comments

Q-B Jewish Med. Rehabilitation, P.C. v Metlife Ins. Co., 2014 NY Slip Op 50354(U)(App. Term 2d Dept. 2014) CPLR 3404 does not apply to Civil Court and

2309(c) – dead for now (maybe?) and the out of state insurer issue

March 5, 2014 1 Comment

At first, the Appellate Term said it was a fatal defect. Then, they said it was a waivable defect. After that it was held to be

Stay not granted in declaratory judgment action

February 26, 2014 No Comments

Ingram v Miller, 2014 NY Slip Op 01296 (2d Dept. 2014) “Except where otherwise prescribed by law, the court in which an action is pending may grant

The vague and conclusory denial again

February 21, 2014 No Comments

Wyckoff Hgts. Med. Ctr. v Government Empls. Ins. Co., 2014 NY Slip Op 01166 (2d Dept. 2014) “However, in opposition, the defendant raised a triable issue of

Existence of insurance coverage does not defeat summary judgment motion

February 11, 2014 No Comments

North Shore Univ. Hosp. At Manhasset v Austin, 2014 NY Slip Op 50123(U)(App. Term 2d Dept. 2014) So you go to the doctor and they accept your

An account stated requires admissible evidence of the account that is stated

February 11, 2014 No Comments

Discover Bank v Maler, 2014 NY Slip Op 50144(U)(App. Term 2d Dept. 2014), A no-fault bill was once analogized to an account stated. In Etienne, we learned

Practice Areas

Support

About Us

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.

516-750-0595Se Habla Español