516-750-0595
Se Habla Español

Blog

Category: Procedural Issues

Popular Categories

Procedural Issues (203)

Medical Necessity (184)

Additional Verification (95)

IME issues (161)

Punch drunk off CPLR 3212(g)

December 13, 2010 1 Comment

The 3212(g) effect. Limiting issues for trial. According to Professor Siegel, 3212(g) is the remnants of “the aborted motion for summary judgment.” This provision is a

Declaratory judgment may not be impugned – even if granted on default

November 30, 2010 No Comments

Pomona Med. Diagnostics, P.C. v Metropolitan Cas. Ins. Co., 2010 NY Slip Op 52039(U)(App. Term 1st Dept. 2010) The opinion in this matter does not disclose

More plaintiffs fail to rebut an insurance carrier’s medical utilization report

November 27, 2010 No Comments

Richmond Pain Mgt., P.C. v Clarendon Natl. Ins. Co., 2010 NY Slip Op 52015(U)(App. Term 2d Dept. 2010) (my case) Radiology Today, P.C. v Mercury Ins.

The fifth time 2106 was invoked

November 27, 2010 No Comments

Crotona Hgts. Med., P.C. v Mercury Ins. Co., 2010 NY Slip Op 52019(U)(App. Term 2d Dept. 2010) “In opposition to the motion, plaintiff submitted an affirmation

The trap called 2106

November 14, 2010 No Comments

This is the fourth time I think someone got hit by Mercury – I meant me – on this issue. High Quality Med., P.C. v Mercury

Collateral estoppel does not preclude an arbitrator from ruling differently from another arbitrator on the same issue

October 21, 2010 No Comments

Matter of Falzone v New York Cent. Mut. Fire Ins. Co., 2010 NY Slip Op 07417 (2010) I thought this case was crazy when the Appellate

Proof akin to that in opposition to a motion for summary judgement necessary to defeat a 3216 motion

October 8, 2010 No Comments

Lama v Mohammad, 2010 NY Slip Op 20410 (App. Term 2d Dept. 2010). “The existence of a serious injury is a necessary element of plaintiff’s cause

3211(a)(1) – does not apply to an EUO no-show defense

September 8, 2010 7 Comments

VIT Acupuncture, P.C. v State Farm Auto. Ins. Co., 2010 NY Slip Op 51560(U)(Civ. Ct. Kings Co. 2010) The Civil Court found, not surprisingly, that CPLR

Plaintiff given a second chance to correct the form of his papers

August 19, 2010 No Comments

Ferrara v De Ming Song, 2010 NY Slip Op 51472(U)(App. Term 2d Dept. 2010) “[t]he affirmed reports of plaintiff’s medical provider in Florida, submitted in opposition

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.

The minimum that an affidavit must contain

July 8, 2010 11 Comments

Furtow v Jenstro Enters., Inc., 2010 NY Slip Op 05987 (2d Dept. 2010) “Here, Ching submitted an affidavit which recited that he was “duly sworn” and

The destruction of peer hearsay: It is not hearsay – and much more

June 10, 2010 No Comments

Urban Radiology, P.C. v Tri-State Consumer Ins. Co., 2010 NY Slip Op 50987(U)(App. Term 2d Dept. 2010) This case really should be in the misc.3d reporter

EBT transcript invalid because it was not mailed to plaintiff (CPLR 3117)

May 15, 2010 5 Comments

Marmer v IF USA Express, Inc., 2010 NY Slip Op 04151 (2d Dept. 2010) “Further, the unsigned deposition transcript of the plaintiff, which the defendants submitted

A tongue twister from the Fourth Department

May 4, 2010 No Comments

“It is well established that “ [a] denial of a motion for summary judgment is not necessarily res judicata or the law of the case that

The 120 day time period (CPLR 3212[a]) to make a summary judgment motion applies even if an action is marked off the calendar

May 4, 2010 No Comments

Rivera v City of New York, 2010 NY Slip Op 03773 (1st Dept. 2010) “Defendant’s cross motion for summary judgment, which was made in response to

The First Department's newest inconsistent position on 2309

May 2, 2010 1 Comment

Green v Fairway Operating Corp., 2010 NY Slip Op 03481 (1st Dept. 2010) “The affidavit of plaintiff’s witness, purportedly sworn to in the Dominican Republic, lacks

Causation, Renewal and a probable trip to the Court of Appeals

May 1, 2010 No Comments

It is rare to see a 5102(d) case, which has broad implications in various areas of law, find a probable trip to the Court of Appeals.

Does this make sense?

April 25, 2010 1 Comment

A.B. Med. Servs., PLLC v New York Cent. Mut. Fire Ins. Co., 2010 NY Slip Op 50702(U)(App. Term 2d Dept. 2010) “Plaintiffs’ prior action was dismissed

And this is why computerized range of motion testing is medically necessary – yet, not admissible.

April 23, 2010 No Comments

“Furthermore, the computerized range-of-motion tests referred to in Dr. Dudelzak’s affirmations were not in admissible form because they were not affirmed by someone with personal knowledge

From our angry court of the week department

April 21, 2010 No Comments

Palisades Collection Co., LLC v Velazquez, 2010 NY Slip Op 50675(U)(App. Term 1st Dept. 2010) In this action to recover a credit card debt, plaintiff’s evidence

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