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EUO no-show DJ survives numerous “you did not do that” arguments
Praetorian v. Mercado, Index #: 303993/12 (Sup. Ct. Bx. Co. 2013) In this declaratory judgment action, an Alrof argument was made; an electronic signature argument was
What’s a boy to do?
Promed Durable Equip., Inc. v GEICO Ins., 2013 NY Slip Op 23283 (App. Term 2d Dept. 2013) (A) The insufficient rebuttal “In support of the branch of
A pleaded affirmative defense may not necessarily be used as an admission
Hollinden v City of New York, 2013 NY Slip Op 05676 (2d Dept. 2013) I guess this goes into the category: Be careful what you plead?
DJ granted – Defendant failed to present evidence that Defendant attended IME
American Tr. Ins. Co. v Urena, 2013 NY Slip Op 31751(U)(Sup Ct. NY CO. 2013) ** American Transit is represented by Law Offices of James F. Sullivan,
Amended motion/Admissible Reply papers/Defects in affidavits/delay letter vs. verification requests
Colonia Med., P.C. v New York Cent. Mut. Fire Ins. Co., 2013 NY Slip Op 51266(U)(App. Term 2d Dept. 2013) “Plaintiff opposed defendant’s motion, arguing that the
The IME no-show at trial – the eagle has arisen
Eagle Surgical Supply, Inc. v GEICO Gen. Ins. Co., 2013 NY Slip Op 51265(U)(App. Term 2d Dept. 2013) “Defendant’s sole witness at trial was the scheduling supervisor
All you wanted to know about 4518(a) but were afraid to ask
All Borough Group Med. Supply, Inc. v Geico Ins. Co., 2013 NY Slip Op 23262 (App. Term 2d Dept. 2013) “At the outset, we note that plaintiff
The errata sheet is not a do over
Oh man, how many times do you get an EBT or EUO transcript that has an errata sheet that actually rewrote the examination? I will one
The affidavits were unshakable
American Transit Ins. Co. v. Casas Sosa, 2013 NY Slip Op 31588(u)(Singh, J)*My Case* Plaintiff moved for leave to enter a default against the non-answering Defendants
Six year statute of limitations period governed by how the complaint is pleaded
Wexford Med., P.C. v Commerce Ins. Co., 2013 NY Slip Op 51193(U)(App. Term 2d Dept. 2013) “The complaint alleges that “health services” were rendered to the
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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
