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Category: Procedural Issues

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Procedural Issues (203)

Medical Necessity (184)

Additional Verification (95)

IME issues (161)

Renewal granted and Plaintiff loses.

March 20, 2012 No Comments

Ashraf Ashour Physical Therapy, P.C. v Interboro Mut. Indem. Ins. Co., 2012 NY Slip Op 50491(U)(App. Term 1st Dept. 2012) Defendant appeals from an order of

A signature placed at the direction of the signor

March 12, 2012 No Comments

Right Aid Diagnostic Medicine, P.C. v GEICO Ins. Co., 2012 NY Slip Op 50394(U)(App. Term 2d Dept. 2012) Assuming one breaches the threshold issue of whether

2221(a) motion appropriate to deal with motion to vacate sua sponte order

February 17, 2012 No Comments

Tangalin v MTA Long Is. Bus, 2012 NY Slip Op 01239 (2d Dept. 2012) “We agree with the appellants’ contention that the Supreme Court erroneously treated

While delay was lengthy, the lack of prejudice excused it

February 17, 2012 No Comments

Ava Acupuncture, P.C. v GEICO Gen. Ins. Co., 2012 NY Slip Op 50234(U)(App. Term 2d Dept. 2012) “In this case, while the delay was lengthy, plaintiff

Res Judicata through a DJ

February 17, 2012 No Comments

A winner of the much vaunted Mr. Five Boro award. An award granted only to the most deserving in our area of jurisprudence. Ms. Ava Acupuncture

Proof in opposition was insufficient to show a forgery

February 10, 2012 No Comments

JPMorgan Chase Bank, N.A. v Bauer, 2012 NY Slip Op 00932 (2d Dept. 2012) “[S]omething more than a bald assertion of forgery is required to create

Progressive wins the Mr. Five Boro award today

February 3, 2012 No Comments

Eagle Surgical Supply, Inc. v Progressive Cas. Ins. Co., 2012 NY Slip Op 50151(U)(App. Term 2d Dept. 2012) If it could go wrong it did. There

A case and reserves that will remain in limbo

February 3, 2012 No Comments

First Help Acupuncture, P.C. v General Assur. Co., 2012 NY Slip Op 50142(U)(App. Term 2d Dept. 2012) “An action that has been marked off the trial

From the Appellate Term Second Department: Unpreserved legal argument is welcome

January 19, 2012 9 Comments

Ortho Prods. & Equip., Inc. As Assignee of Daniel Robinson, Nicholas Manickchand & Bradley Forbes v Interboro Ins. Co., 2012 NY Slip Op 61416(U) Appellate Term

Amended motion?

January 11, 2012 4 Comments

Woodward Med. Rehabilitation, P.C. v State Farm Fire & Cas. Co., 2011 NY Slip Op 52442(U)(App. Term 2d Dept. 2011) In this case, which seems to

CCA 1401 – again

August 18, 2011 No Comments

W.H.O. Acupuncture, P.C. v Geico Indem. Co., 2011 NY Slip Op 51530(U)(App. Term 2d Dept. 2011). Article 78? “We incidentally note that the judgment in this

Not nice.

August 18, 2011 No Comments

Gateway Med., P.C. v Progressive Ins. Co., 2011 NY Slip Op 51533(U)(App. Term 2d Dept. 2011) “As it is uncontroverted that service of process was not

An affidavit really is not an affidavit

July 14, 2011 No Comments

New Millennium Psychological Servs., P.C. v Unitrin Advantage Ins. Co., 2011 NY Slip Op 21240 (App. Term 2d Dept. 2011) “Plaintiff argues that the “affidavit” of

The failure to assert why the signature was stamped will not invalidate an affirmation

July 8, 2011 2 Comments

Manhattan Med. Imaging, P.C. v New York Cent. Mut. Fire Ins. Co., 2011 NY Slip Op 51230(U)(App. Term 2d Dept. 2011) “In opposition to the motion,

So what happens when you admit an allegation in an answer you should never have been admitted?

July 3, 2011 2 Comments

Anoun v City of New York, 2011 NY Slip Op 05638 (1st Dept. 2011) Deny, Deny, Deny and do not withdraw those affirmative defenses. Well, only

Give it up MVAIC

May 18, 2011 12 Comments

Omega Diagnostic Imaging, P.C. v MVAIC, 2011 NY Slip Op 50867(U)(App. Term 2d Dept. 2011) “In this action by a provider to recover assigned first-party no-fault

More on defective denials

March 12, 2011 14 Comments

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 &

CPLR 5019(a) may not be used to modify a judgment amount based upon substantive reasons

February 12, 2011 4 Comments

Well, Country Wide got away with this once. St. Barnabas Hosp. v. Country Wide Ins. Co., 79 A.D.3d 732 (2d Dept. 2010): “We note that, in

Post-notice of trial limbo

January 20, 2011 No Comments

“Jack be nimble Jack be quick, jack go under limbo stick”. “Limbo Rock Jive” by Brave Combo. What happens when a case is marked off the

Demand for trial-de-novo preserved when attorney shows up at mandatory arbitration hearing

January 20, 2011 No Comments

B.Y., M.D., P.C. v GEICO Indem. Co., 2011 NY Slip Op 50036(U)(App. Term 2d Dept. 2011) For those who practice in the outer lying areas of

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