OMEGA DIAGNOSTIC IMAGING, P.C. v. PRAETORIAN INSURANCE COMPANY, 51 Misc.3d 147 Incarceration is a valid excuse for non-appearance at an EUO. The Court said: [T]he limited record so far developed presents triable issues as to whether the assignor’s failure to appear was excusable (see IDS Prop
Matter of Shilian v. All Sons Electric Corp., 601994/16, NYLJ 1202758166973, at *1 (Decided May 9, 2016) Non No Fault case. This is a case of timing and preserving your rights when it comes to a Mechanics Lien in New York. Petitioner moved to vacate a mechanic’s lien filed on November 21, 20
Contact Chiropractic, P.C. v. New York City Tr. Authority, 2016 NY Slip Op 73043 http://www.courts.state.ny.us/courts/ad2/calendar/webcal/motions/2016/M211195.pdf The Court of appeals will comment on whether a 6 year or 3 year Statute of Limitations applies to the NYCTA: ORDERED that the motion is
New Age Acupuncture, P.C. v. 21st Century Ins. Co., 2016 NYSlipOp 50737(U) Lower Court granted summary judgment against acupuncture provider with respect to CPT code 97026, which is for infared treatment. Appellate Term reversed stating: Upon a review of the record, we find that defendant’s movi
BRAND MEDICAL SUPPLY, INC. v. INFINITY INS. CO., 2016 NY Slip Op 50739(U) At trial, Defendant unsuccessfully attempted to have the insurance policy’s declaration page, admitted into evidence. Although the trial Court did not allow it due to Defendant’s failure to lay a proper foundation, the
Vladenn Medical Supply v. American Commerce, 2016 NY Slip Op 50775. https://www.nycourts.gov/reporter/3dseries/2016/2016_50775.htm Insurer’s proof of Non Appearance at an EUO is not adequate: Defendant failed to “meet its burden by proof in admissible form, because it submitted no e
Geico v. AAAMG Leasing Corp., 2016 N.Y. Slip Op.. 03879 http://www.nycourts.gov/reporter/3dseries/2016/2016_03879.htm This was an Article 75 by Geico attempting to vacate the lower and Master arbitration award. The lower arbitrator awarded the claim with an additional award of $850 attorney fee.
PAVLOVA, v.ALLSTATE INSURANCE COMPANY, 2016 WL 1588839 The Civil Court in this case appears to expand on what constitutes a Plaintiff’s prima facia and what Vivienne Etienne requires. Although this is a civil court case, the court said as follows: With regard to the remaining code 20999, d
Professional Health Imaging, P.C., v. State Farm Mutual Automobile Ins. Co, Slip Copy, 2016 WL 2584647 (Table), 2016 N.Y. Slip Op. 50698(U). Just asking for an appearance fee to appear at the EUO is not an objection to the reasonableness of the EUO request. A specific objection of reasonablenes
Progressive Casualty Insurance Company v. Metro Psychological Services, P.C., 2016 WL 2337939 Insurer brought a DJ action against provider based upon No Shows at EUO. Defendant cross moved for summary judgment. Appellate Division reversed the lower court based upon the fact that insurer faile