Day: July 6, 2017

ATTORNEY FEES AND MALELLA

Did the Court leave the door open to the possibility that Malella may be precludable? In re COUNTRY–WIDE INS. CO., v. VALDAN ACUPUNCTURE, P.C., 150 A.D.3d 560 Assuming without deciding that an insurer’s defense of fraudulent incorporation cannot be precluded (see AVA Acupuncture, P.C. v.

MVAIC AND PROPER FILING

Karina K. Acupuncture PC v. MVAIC, Slip Copy, 55 Misc.3d 138(A), 2017 WL 1438485 (Table), 2017 N.Y. Slip Op. 50537(U) Defendant MVAIC demonstrated entitlement to summary judgment dismissing this action for first-party no-fault benefits, having established that plaintiff’s assignor failed to comp

POLICY EXHAUSTION – PRIORITY

Was there money available at the time the claim was complete? ORTHO PASSIVE MOTION, INC., v. ALLSTATE INSURANCE CO., 55 Misc.3d 152(A) Following a nonjury trial in this action by a provider to recover assigned first-party no-fault benefits, the Civil Court awarded plaintiff a judgment in the princ

IME NO SHOWS – MUTUAL RESCHEDULING

Mutual rescheduling is not a no show Progressive Health Chiropractic, P.C. v. American Transit Insurance Company, Slip Copy, 55 Misc.3d 142(A), 2017 WL 1822420 (Table), 2017 N.Y. Slip Op. 50603(U)   With respect to plaintiff’s claim for $1,310.94, the affidavits defendant submitted in suppor