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25 Aug 2011, 10:02 am
Term 1st Dept. 2011) “In this action to recover assigned first-party no-fault benefits, defendant’s documentary submissions established prima facie that it mailed the notices of the independent medical examinations (IME) to the assignor and that the assignor failed to appear [...] [read post]
30 Jul 2012, 5:36 pm
Term 1st Dept. 2012) “The defendant-insurer made a prima facie showing of entitlement to summary judgment dismissing the action for first-party no-fault benefits by establishing that it timely and properly mailed the notices for independent medical examinations (IMEs) to plaintiff’s assignor, [...] [read post]
12 Aug 2012, 6:15 pm
Term 2d Dept. 2012) The court in the last paragraph finally tells Mr. [read post]
24 May 2010, 8:12 pm
Term 1st Dept. 2010) As Civil Court correctly concluded, defendant made a prima facie showing both that two separate requests for an independent medical examination (”IME”) of plaintiff’s assignor were duly mailed to the assignor and that the assignor failed [...] [read post]
8 Jul 2011, 6:40 pm
., 2011 NY Slip Op 05864 (1st Dept. 2011) “Petitioner argues that respondent is a fraudulently incorporated medical services provider and therefore is not only ineligible for reimbursement of no-fault payments (see State Farm Mut. [read post]
28 Apr 2010, 4:17 pm
McDuffie v Rodriguez, 2010 NY Slip Op 03366 (1st Dept. 2010) “Defendants met their prima facie burden of establishing that plaintiff did not sustain a serious injury by submitting the affirmed reports of experts who, after examining plaintiff and reviewing her medical records and MRI studies, found a lack of causation between her complaint of right [...] [read post]
18 Aug 2011, 2:26 pm
Term 2d Dept. 2011) “In support of its cross motion for summary judgment, defendant also submitted, among other things, a peer review report, which set forth a factual basis and medical rationale for the conclusion that there was a lack of [...] [read post]
25 May 2012, 5:30 pm
Term 2d Dept. 2012) Contrary to plaintiff’s argument on appeal, defendant was not required to annex to its motion papers copies of the medical records which had been reviewed by defendant’s peer [*2]reviewer (see Elmont Open MRI & Diagnostic Radiology, P.C. [...] [read post]
16 Apr 2012, 6:33 pm
., 2012 NY Slip Op 02597 (1st Dept. 2012) Plaintiff in a 5102(d) action must prove that (s)he was cut off from no-fault and that (s)he had an inability to pay the ensuing medical bills… “Plaintiff’s accident occurred on April 8, 2007 and he underwent arthroscopic surgery on his right [...] [read post]
12 Jan 2011, 12:42 am
BIA Group, LLC, NY Slip Op 09890 (2d Dept. 2010) Tomorrow’s issue: Motion practice. [read post]
30 Mar 2011, 12:31 am
Naghavi, NY Slip Op 01997 (2d Dept. 2011). [read post]
30 Dec 2009, 1:19 am
Hafliger, NY Slip Op 09297 (1st Dept. 2009) Tomorrow’s issue: Labor Law. [read post]
17 Jun 2010, 12:51 am
Rosenberg, NY Slip Op 04919 (1st Dept. 2010) Tomorrow’s issue: Torts. [read post]
27 Dec 2010, 8:30 am
Term 2d Dept. 2010) I guess the luck of certain Nassau plaintiff firms (9th and 10th judicial districts) who received favorable decisions on medical necessity motions, while their counterparts in the other Second Department [...] [read post]
Proof akin to that in opposition to a motion for summary judgement necessary to defeat a 3216 motion
8 Oct 2010, 3:15 pm
Term 2d Dept. 2010). [read post]
21 Apr 2011, 12:38 am
NYC Transit, NY Slip Op 02821 (2d Dept. 2011) Tomorrow’s issue is vicarious liability for medical malpractice. [read post]
10 Nov 2011, 6:57 pm
Term 2d Dept. 2011) “Plaintiffs commenced this action to recover assigned first-party no-fault benefits. [read post]
17 Jul 2012, 12:21 pm
Term 2d Dept. 2012) “However, as to plaintiff’s claim for $261.60 for services rendered on November 12, 2007, defendant failed to establish a lack of medical necessity for those services, which were rendered before the March 22, 2008 IME. [read post]
14 Jul 2011, 3:36 pm
Term 2d Dept. 2011) I am not going to lose sleep over AB Medical not prevailing on this appeal – remember when AB used to always win? [read post]
18 Jul 2010, 8:33 am
., 2010 NY Slip Op 06071 (2d Dept. 2010) There is nothing wrong with relying on a party’s opponents to help establish your prima facie defense that threshold was not breached or a service lacked medical utility. [read post]
