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.
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
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
First Class Medical, P.C. v. State Farm Mutual Automobile Ins. Co., Slip Copy, 55 Misc.3d 141(A), 2017 WL 1822145 (Table), 2017 N.Y. Slip Op. 50593(U) Defendant moved for summary judgment dismissing the complaint on the ground that plaintiff’s assignor had failed to appear for duly scheduled exa
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
Here is a case having to do with vacating a Default judgment. The Court also made mention of the WC defense and that its not a precludable defense: Daily Medical Equipment Distribution Center, Inc. v. State Farm Mutual Ins. Comp., 050419/15, NYLJ 1202788299389, at *1 (Civ., KI, Decided May