Month: October 2016

COMPLIANCE WITH VERIFICATION

Island Life Chiropractic, P.C., v. Travelers Insurance Company, 2016 N.Y. Slip Op. 51413(U) An affidavit by Plaintiff saying it had submitted the requested verification was sufficient to raise a triable issue of fact that it had complied with the requested verification and thereby was enough to d

PROOF OF 8 UNITS

Liberty Chiropractic, P.C., v. 21st Century Insurance Company, 2016 N.Y. Slip Op. 51409(U) Is this the standard of proof for a carrier when invoking the 8 unit defense?  The Court said: Plaintiff properly argues on appeal that defendant failed to establish its defense, that the fees charged exce

STATUTORY INTEREST

KEW GARDENS MED AND REHAB, P.C., v. COUNTRY–WIDE INSURANCE COMPANY, 52 Misc. 3d 143 Plaintiff commenced a PIP action in April 2002.  In 2014, the Civil Court granted plaintiff’s motion for summary judgment and directed that the judgment for $5,255.74 in principal and $15,457.93 in statutory i