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
Gilmonio v Toussaint, 2010 NY Slip Op 50258(U)(App. Term 1st Dept. 2010). An appellate court found that the a knee surgery was insufficient to defeat a
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
Elmont Open MRI & Diagnostic Radiology, P.C. v State Farm Ins. Co., 2010 NY Slip Op 50053(U)(Dis. Ct. Nassau Co. 2010) “When a doctor testifies outside
Plourd v Sidoti, 2010 NY Slip Op 00056 (3d Dept. 2010) “Plaintiff thereafter commenced this action, alleging that the failure of the emergency room [*2]physician, defendant
One of the issues that regular readers of the blog know that I discuss is whether an affirmation or affidavit of a physician is sufficient to
The Appellate Division, Second Department, in Shectman v Wilson 2009 NY Slip Op 09208 (2d Dept. 2009), observed the following: “Here, the defendant physicians established their
Now, Travelers has joined in the parade to non-suit plaintiffs who put in pro-forma affidavits of medical necessity in an attempt to defeat an insurance carrier’s
In the upcoming days, you will see the case of “Innovative Chiropractic v. Mercury Ins. Co” pop up on the most recent decision website. Innovative Chiropractic
Pan Chiropractic, P.C. v Mercury Ins. Co. 2009 NY Slip Op 51495(U)(App. Term 2d Dept. 2009) Sensing the belief that no-fault actions were starting to follow
In an indiscreet case which garnered a “u” cite, the Appellate Term, Second Department made its first foray into determining what evidence is sufficient to raise
This is similar to the cases where a peer doctor fails to review sufficient documentation before arriving at an opinion. “Lack of Foundation to form an
Again, this is not necessarily a pure no-fault post. However, this is a no-fault post by analogy. I came across a doosy of a decision and
