Author Archives: Leon Kucherovsky
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
Exultant Medical Diagnostics, P.C.,  v. American Commerce Insurance Company, Slip Copy, 55 Misc.3d 136(A)Appellant. Defendant appeals from an order of the District Court which denied defendant’s motion for summary judgment TO dismiss the complaint. The Court said as follows: Upon a
Gentle Acupuncture, P.C. v Tri-State Consumer Ins. Co., 2017 NY Slip Op 50706(U), Slip Copy, 55 Misc.3d 147(A) In this action by a provider to recover no fault benefits, Plaintiff appeals from a District Court Order wherein its complaint was dismissed. Plaintiff’s claims were
OMEGA DIAGNOSTIC IMAGING, PC v. MVAIC, 2017 WL 1511507 Plaintiff’s assignor was injured while riding his bicycle and was struck by an unidentified motor vehicle, the assignor filed a notice of intention to make claim against MVAIC. The documentary evidence adduced at trial establis
ALLSTATE INSURANCE COMPANY v. HEALTH EAST AMBULATORY SURGICAL CENTER, 2017 WL 1526519 On January 31, 2014, Bujar Kaziu the assignor, was in an automobile accident.  On June 6, 2014, insurer requested additional verification in the form of an independent medical examination (â
St. Barnabas Hospital, a/a/o DAWN HENRY v. Government Employees Insurance Company, 47 N.Y.S.3d 865, 2017 N.Y. Slip Op. 27056 At issue is whether the insurer timely and properly requested additional verification from the Plaintiff hospital upon its receipt of proof of the claim which effectiv