Etienne applied differently in First Department November 17, 2015

EMA Acupuncture v Statewide Ins. Co., 2015 NY Slip Op 51622(U)(App. Term 2d Dept. 2015)
“In opposition to plaintiff’s prima facie showing of entitlement to judgment as a matter of law on its complaint to recover first-party no-fault benefits (see Viviane Etienne Med. Care, P.C. v Countr

A verification non receipt decision that does not make sense. November 17, 2015

New Way Med. Supply Corp. v Praetorian Ins. Co., 2015 NY Slip Op 51632(U)(App. Term 2d Dept. 2015)
“However, in opposition to the cross motion, plaintiff submitted an affidavit from plaintiff’s owner, which affidavit was sufficient to give rise to a presumption that the requested verifi

  1. Rookie says:

    It happens to the best of us. Maybe next time. At least someone who reads the papers understands that praetorian never receives anytning and even if something is submitted it is still not enough. An Affidavit is There to raise triable issues of fact and any challange to its credability requires the denial of the motion. Clearly what the court did here.

    Maybe your client will agree to settle these cases next time and not engage in unnecessary litigation and appellate practice.

    The continous calling out people by name is not necessary. Why?

    • jtlawadmin says:

      Simple. Your papers are boilerplate and do not provide information as to what is sent and when it is sent. If you produced the required verification in your papers and an affidavit stating when you mailed it, then these decisions make sense. You are rehashing the same affidavit, occasionally annexing unresponsive items and the court is giving you a free pass. Does not sound fair to me. Would you feel it is proper for the carrier to provide an affidavit that it mailed a denial, but never produced the denial in opposition to your motions?

EUOs must be scheduled within 30-days of receipt of the bill (again) November 17, 2015

Compas Med., P.C. v Farm Family Cas. Ins. Co., 2015 NY Slip Op 51631(U)(App. Term 2d Dept. 2015)
“Upon receiving the claim underlying the second cause of action, defendant sent letters notifying plaintiff that defendant was delaying payment thereon, but the letters did not request any specifi

Make a promise in your papers and fail to keep it? Summary judgment lost November 17, 2015

Bay LS Med. Supplies, Inc. v Allstate Ins. Co., 2015 NY Slip Op 51625(U)(App. Term 2d Dept. 2015)
“In support of its cross motion, defendant submitted an affidavit by its special investigator which set forth defendant’s standard mailing practices and procedures by which he had mailed th

No-show troubles November 17, 2015

Compas Med., P.C. v Geico Ins. Co., 2015 NY Slip Op 51590(U)(App. Term 2d Dept. 2015)
” In support of a claim that plaintiff’s assignor had failed to appear for independent medical examinations (IMEs), defendant submitted affidavits and an affirmation from the medical professionals who

  1. Rookie says:

    Finally the court is calling a spade a spade. Geico has saved millions by submitting these false and misleading affidavits. Enough already.

Put on a case at your own risk after the Plaintiff rests November 17, 2015

People v Stone, 2015 NY Slip Op 08205 (3d Dept. 2015)
The defendant cured the deficiencies in Plaintiff’s proof through putting on an affirmative case.  The risk of putting on a case is quite apparent here.
“Here, the victim testified to dozens of incidents wherein defendant [engaged i

Familiar theme on experts and 2106 November 11, 2015

Lopez v Gramuglia, 2015 NY Slip Op 08068 (1st Dept. 2015)
Familiar lesson here.  An expert can generally opine about all areas of medicine.  The other lesson here is that a 2106 objection needs to be specific.
“At the outset, defendant’s expert affirmation was properly considered. Dr.

Judge Judy’s son threw a tantroom November 4, 2015

Levy v Smith, 2015 NY Slip Op 07824 (2d Dept. 2015)
I usually relegate this stuff to my Facebook page, but Judge Judy’s son (the Republican District Attorney of Putnam County) legal feud with the Putnam County Sheriff has me shaking my head more than I do most days.  So I am breaking the rul

  1. Trump says:

    This kind of behavior does not make america great again.

Sanctioned for good reason? October 30, 2015

Sanctioned for frivolity or ignorance?
Ultimate Health Prods., Inc. As Assignee of Ansel Leslie v American Tr. Ins. Co., 2015 NY Slip Op 87796(U)(App. Term 2d Dept. 2015)
ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, The Rybak Firm, PLLC, counsel

A CPLR 3101 lesson October 30, 2015

Cruz v City of New York, 2015 NY Slip Op 07910 (1st Dept, 2015)
This one is interesting.  The usual notion is that the failure to identify a witness pre-trial will preclude their ability to testify.  From the Court:
“The trial court properly permitted the testimony of a witness whose identi