Enko Enters. Intl., Inc. v Clarendon Natl. Ins. Co., 2010 NY Slip Op 52267(U) (App. Term 1st Dept. 2011) Defendant demonstrated, through the affirmed peer review
Elmont Open MRI & Diagnostic Radiology, P.C. v Clarendon Natl. Ins. Co., 2010 NY Slip Op 52061(U)(App. Term 2d Dept. 2010) Dynamic Med. Imaging, P.C. v
Active Imaging, P.C. v Progressive Northeastern Ins. Co, 2010 NY Slip Op 51842(U)(App. Term 2d Dept. 2010) The Appellate Term, Second Department rejected a plaintiff’s challenge
This will be two posts in a row where the name “Domotor” will be mentioned. Why you ask? Well, if you read the court’s legal findings
Altair Med., P.C. v Clarendon Natl. Ins. Co., 2010 NY Slip Op 51721(U)(App. Term 2d Dept. 2010) Defendant’s contention that the Civil Court should have granted
Elmont Open MRI & Diagnostic Radiology, PC v New York Cent. Mut. Fire Ins. Co., 2010 NY Slip Op 51588(U)(Dis. Ct. Nassau Co. 2010) I would
Travis v Batchi, 2010 NY Slip Op 05862 (1st Dept. 2010) “The examination records of plaintiff’s own treating physician/expert show that she had full strength and
Okay, I am back to my posts regarding what should be necessary to defeat a medical necessity summary judgment motion. This is from a lead paint
“Dr. Thompson also failed to reconcile his findings of limitation in the plaintiff’s left shoulder in May 2009, as set forth in his affirmation, with the
Elmont Open MRI & Diagnostic Radiology, P.C. v State Farm Ins. Co., 2010 NY Slip Op 50829(U)(App. Term 2d Dept. 2010) “Appeal from an amended order
Alur Med. Supply, Inc. v Clarendon Natl. Ins. Co., 2010 NY Slip Op 50700(U)(App. Term 2d Dept. 2010) “Contrary to plaintiff’s contentions, once defendant submitted an
Speciality Surgical Servs. v Travelers Ins. Co., 2010 NY Slip Op 50715(U)(App. Term 2d Dept. 2010) “At trial, defendant’s doctor testified that the services provided were
My medical necessity summary judgment crusade continues. Gz Med. & Diagnostic, P.C. v Mercury Ins. Co., 2010 NY Slip Op 50491(U)(App. Term 2d Dept. 2010) We
This is a case that came out, upon which I prevailed. I want you to compare the plaintiff’s affidavit in this case with that found in
I tend to think that the more medical practice summary judgment motion cases you read, the more you see the interplay between no-fault and medical malpractice
Eastern Star Acupuncture, P.C. v Mercury Ins. Co., 2010 NY Slip Op 50380(U)(App. Term 2d Dept. 2010) “In support of its motion for summary judgment, defendant
Another owner of a medical facility, who improperly used the affirmation device, succumbed to Defendant’s summary judgment motion based upon the medical necessity defense. Doshi Diagnostic
The buzz on the street over the last few years is that “surgery” is necessary to breach the serious injury threshold. On the no-fault side, this
Kim v Orourke, 2010 NY Slip Op 01613 (2d Dept. 2010) “The defendant’s own examining neurologist reported findings of limitations in the ranges of motion in
B.Y., M.D., P.C. v Progressive Cas. Ins. Co., 2010 NY Slip Op 50144(U)(App. Term 2d Dept. [9th & 10th Jud. Dis.]) This case is interesting, besides
