516-750-0595
Se Habla Español

Blog

Category: Res Judicata

Popular Categories

Procedural Issues (203)

Coverage (160)

EUO issues (207)

Evidence (137)

Fee Schedule (127)

Medical Necessity (184)

Additional Verification (95)

IME issues (161)

Res judicata – privity

May 7, 2020 No Comments

East Hampton Capital LLC v Fergusson, 2020 NY Slip Op 02718 (1st Dept. 2020) “This action is barred by res judicata in view of the prior

Avoiding the 120-day rule to make a summary judgment motion

February 19, 2018 No Comments

Active Chiropractic, P.C. v Allstate Ins., 2018 NY Slip Op 50201(U)(App. Term 2d Dept. 2018) “Initially, we note that, although defendant’s motion was denominated as one to

Judicial notice of Supreme Court order in the reply brief

December 1, 2017 No Comments

K.O. Med., P.C. v Mercury Cas. Co., 2017 NY Slip Op 51614(U)(App. Term 2d Dept. 2017) (1) “In this action by a provider to recover assigned first-party

Judgment in declaratory judgment action does not need to rendered against Assignor to be effective

October 31, 2016 No Comments

Infinity Chiropractic Health, P.C. v Republic W. Ins. Co., 2016 NY Slip Op 51564(U)(App. Term 2d Dept. 2016) The eventual order and/or judgment does not need to

Unpleaded affirmative defense is sufficient

September 16, 2016 1 Comment

Metro Health Prods., Inc. v Nationwide Ins., 2016 NY Slip Op 51122(U)(App. Term 2d Dept. 2016) “Nationwide had no basis to assert the defenses of collateral estoppel

Supplemental affirmation on a DJ case acceptable and res judicata mandates dismissal of complaint

August 29, 2014 No Comments

Great Health Care Chiropractic, P.C. v American Tr. Ins. Co., 2014 NY Slip Op 51324(U)(App. Term 2d Dept. 2014) This was proudly mine and another example of

Back when DJ’s roamed the earth

August 29, 2014 No Comments

Ultimate Health Prods., Inc. v American Tr. Ins. Co., 2014 NY Slip Op 51321(U)(App. Term 2d Dept. 2014) Good job to my colleague and friend James Sullivan

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

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

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

This one is wrong

April 9, 2014 No Comments

Huntington Med. Plaza, P.C. v Travelers Indem. Company, 2014 NY Slip Op 50527(U)(App. Term 2d Dept. 2014) What is going on at the Appellate Term? Is anyone

Case dismissed through DJ

January 30, 2014 No Comments

Flushing Traditional Acupuncture, P.C. v Kemper Ins. Co., 2014 NY Slip Op 50052(U)(App. Term 2d Dept. 2014) “defendant Kemper Insurance Company (Kemper) commenced a declaratory judgment action

Court takes judicial notice of Supreme Court declaratory judgment action

September 9, 2013 No Comments

Eagle Surgical Supply, Inc. v AIG Indem. Ins. Co., 2013 NY Slip Op 51441(U)(App. Term 2d Dept. 2013) “the parties entered into a so-ordered stipulation, dated

A declaration of non-coverage is res judicata to the specific date of the accident.

September 9, 2013 No Comments

Eagle Surgical Supply, Inc. v AIG Ins. Co., 2013 NY Slip Op 51449(U)(App. Term 2d Dept. 2013) “By order dated September 29, 2008, the Civil Court

Something involving collateral estoppel and prima facie happened here?

June 26, 2013 No Comments

V.S. Med. Servs., P.C. v Travelers Ins. Co., 2013 NY Slip Op 50973(U)(App. Term 2d Dept 2013) “Plaintiff’s contention that, by virtue of the 2005 Civil

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

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

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

Oh, yeah, in the alternative, I would have dismissed the complaint on another ground

April 21, 2010 No Comments

Bauman v Mount Sinai Hosp., 2010 NY Slip Op 03034 (1st Dept. 2010). I am glad I got your attention. Read the bold portion of the

Concerns about the use of a first-party no-fault IME to support a third-party defendant's summary judgment motion

November 24, 2009 No Comments

In the dissenting opinion of Rowe v Wahnow, 2009 NY Slip Op 29475 (App. Term 1st Dept. 2009), Justice McKeon discusses why he believes it is

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