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Partial summary judgment declined after motion
Pollenex Servs., Inc. v GEICO Gen. Ins. Co., 2014 NY Slip Op 50953(U)(App. Term 2d Dept. 2014) “Upon a review of the record, we find that
Another ALROF citing
SP Chiropractic, P.C. v IDS Prop. & Cas. Ins. Co., 2014 NY Slip Op 50952(U)(App. Term 2d Dept. 2014) Because defendant failed to submit proof by
Where did 4518 come from?
Eagle Surgical Supply, Inc. v Allstate Prop. & Cas. Ins. Co., 2014 NY Slip Op 50950(U)(App. Term 2d Dept. 2014) “Contrary to plaintiff’s sole contention on
Notice of Entry is not what some think it means
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
Posts will resume this weekend
To my readers: I am sorry for the two plus week delay in postings. I am already hearing and reading about it. I have no intention
The absence of an expert is fatal to prove causation
Donoso v Motor Veh. Acc. Indem. Corp., 2014 NY Slip Op 04071 (1st Dept 2014) Plaintiff claims that she suffered permanent consequential and significant limitations of
No-show substantiated
MDJ Med., P.C. v Praetorian Ins. Co., 2014 NY Slip Op 50895(U)(App. Term 1st Dept. 2014) “The defendant-insurer made a prima facie showing of entitlement to
Ground rule 11 and the IME cut off
Triumph Assoc. Physical Therapy, P.C. v New York Cent. Mut. Fire Ins. Co., 2014 NY Slip Op 50875(U)(App. Term 2d Dept. 2014) (1) This either explicitly
Stipulation does not serve as collateral estoppel
All Boro Psychological Servs., P.C. v Allstate Ins. Co., 2014 NY Slip Op 50870(U)(App. Term 2d Dept. 2014) Remember the stipulation where the releasee agreed that
Verification
Healing Health Prods., Inc. v New York Cent. Mut. Fire Ins. Co., 2014 NY Slip Op 24145 (App. Term 2d Dept. 2014) In this case, a
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The failure to attend IMEs is now considered a Chubb coverage defense
Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC, 2011 NY Slip Op 01948 (1st Dept. 2011) I would consider this matter the most precedential
Only in no-fault can a Civil Court JHO "reverse" the holdings of the Appellate Divisions and the Court of Appeals
You can find this case from the January 24, 2010 law journal, reproduced on David Barshay’s No-Fault Paradise. That said, I have three points I
The first pure Unitrin Appellate Term holding
Harmonic Physical Therapy, P.C. v Praetorian Ins. Co., 2011 NY Slip Op 51597(U)(App. Term 1st Dept. 2011) “In this action to recover assigned first-party no-fault
