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The Pike maneuver May 24, 2016

In a recent Personal injury trial,  the defendant stated that plaintiff engaged in a “Pike maneuver” on the S/B Hutchinson at its intersection with the Cross-County Parkway.  When asked what a Pike maneuver was, the witness stated it involved a certain type of impact between a police

A really bad default May 24, 2016

This case gives a nice list of defaults that are just not excusable.  The problem I have is that behavior that does not fall anywhere within this paradigm is often not excusable, frequently in the Second Department, which is more stringent on default vacaturs than the Fist Department.
Imovegreen, L

EUO no show not substantiated May 20, 2016

Vladenn Med. Supply, Corp. v American Commerce Ins. Co., 2016 NY Slip Op 50775(U)(App. Term 1st Dept. 2016)
“In this regard, we note that while the affirmation of defendant’s attorney described the office procedures for contacting a claimant 48 hours prior to the scheduled EUO to confir

Incarceration is a valid excuse for no-show EUO May 20, 2016

Omega Diagnostic Imaging, P.C. v Praetorian Ins. Co., 2016 NY Slip Op 50762(U)(App. Term 1st Dept. 2016)
“[t]he limited record so far developed presents triable issues as to whether the assignor’s failure to appear was excusable” (see IDS Prop. Cas. Ins. Co. v. Stracar Med. Servs.

Ime no show loses on lack of personal knowledge allegatiob May 20, 2016

Sutphin Complete Med. Care v Hereford Ins. Co., 2016 NY Slip Op 50763(U)(App. Term 1st Dept. 2016)
“the record raises triable issues as to whether the assignor failed to appear for the scheduled IMEs (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720, 721 [2006];

MVAIC created issue of fact May 20, 2016

VS Care Acupuncture, PC v MVAIC, 2016 NY Slip Op 50764(U)(App. Term 1st Dept. 2016)
“Our review of the record indicates that defendant failed to eliminate all triable issues with respect to whether plaintiff’s assignor filed a notice of intention to make a claim, since its own proof con

It really was not on consent May 20, 2016

Jamaica Dedicated Med. Care, P.C. v Tri-State Consumer Ins. Co., 2015 NY Slip Op 25458 (App. Term 2d Dept. 2016)
(1) “In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court, entered January 10, 2013, denying defendant

3-2-1 Contact! May 13, 2016

Contact Chiropractic, P.C., as assignee of Butler v New York City Transit Authority, 2016 NY Slip Op 73043(U)(2d Dept. 2016)
SOL on self-insured’s going up to the Court of Appeals.
“ORDERED that the motion is granted, and the following question is certified to the Court of Appeals: Was

A Wagman/Bradshaw foundation is necessary for EMG/NCV results May 13, 2016

Ramjit v Motor Veh. Acc. Indem. Corp., 2016 NY Slip Op 26153 (App. Term 2d Dept. 2016)
“In this action to recover for personal injuries allegedly sustained in a motor vehicle accident, liability had been determined, and the matter went to trial on the issue of damages. Over defendant’s

It is not hearsay: 4518 and 4539 May 13, 2016

Brand Med. Supply, Inc. v Infinity Ins. Co., 2016 NY Slip Op 50738(U)(App. Term 2d Dept. 2016)
(1) “In support of its defense of exhaustion of the policy limits, defendant unsuccessfully attempted to have the applicable insurance policy’s declaration page, which set forth, among other t