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This one gave me pause
Matter of MAPFRE Ins. Co. of NY v Callahan, 2018 NY Slip Op 06016 (2d Dept 2018) Facts: “The Supreme Court ordered a framed-issue hearing to
A second affidavit to clarify is allowed
Cuevas v Baruti Constr. Corp., 2018 NY Slip Op 05905 (1st Dept. 2018) “The motion court properly accepted Veras’s second, clarifying affidavit in plaintiff’s submission on
When is reargument granted?
Budoff v City of New York, 2018 NY Slip Op 05817 (2d Dept. 2018) “As the Supreme Court reviewed the merits of the plaintiff’s contentions raised in
An unsigned OSC on appeal – procedure.
Gluck v Hirsch, 2018 NY Slip Op 05828 (2d Dept. 2018) “After oral argument, the court declined to sign the proposed order to show cause, with a
Policy Exhaustion goes to Madison Avenue/Someone from the Insurance Defense side should be putting in Amicu
Ameriprise Insurance Company v Kensington Radiology Group, P.C, 2018 NYSlipOp 80613(U)(1st Dept. 2018) Respondent having moved for leave to appeal to this Court from the decision and
CPLR 2001 again as to pleadings in the dis positive application to the Court
Sensible Choice Contr., LLC v Rodger, 2018 NY Slip Op 05790 (2d Dept. 2018) The trend – and it is logical – is that the defects (unless
EUO/EBT/ Now I know how much Mr. Moshe makes!
Moshe v Country-Wide Ins. Co.. 2018 NY Slip Op 28220 (Dis. Ct. Nassau Co. 2018) (1) “Plaintiffs bring this plenary action to recover the sum of $10,906.14,
Second Department once again now recognizes a gap in treatment as a basis to non-suit Plaintiffs
Chiu Yuan Hu v Frenzel, 2018 NY Slip Op 05445 (1st Dept. 2018) “In opposition to the defendant’s prima facie showing, the plaintiff raised triable issues of
Second Department recognizes degeneration as a basis to move for summary judgment
Cavitolo v Broser, 2018 NY Slip Op 05442 (2d Dept. 2018) “In opposition, the plaintiff failed to raise a triable issue of fact. The affirmation of the
Bad Faith and Allstate
Roemer v Allstate Indem. Ins. Co., 2018 NY Slip Op 05392 (3d Dept. 2018) (1) “A covenant of good faith and fair dealing is implicit in every
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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
