Saturday, March 25, 2006

Two for Plaintiffs

Going back a few weeks, plaintiffs got a couple more cases to help them battle their worthy adversaries in the defense bar (including me).

In Park Slope Med and Diagnostic, P.C. as Assignee of Oleg Khabiyev, 2006 NYSlipOp 50371(U) decided March 14, 2006 , the Appellate Term First Department held that on a motion to dismiss by defendent, it is not enough just for plaintiff to have failed to appear for an EBT. The court's brief decision takes note that defendant waited three years to press its demands.

In All County Open MRI & Diagn. Radiology P.C. v Travelers Ins. Co. , 2006 NYSlipOp 50318(U), decided March 3, 2006, the Appellate Term Second Department held that a peer review based solely on a lack of information, even if timely, absent a lack of verification, is not enough to defeat a motion for summary judgment by plaintiff.

If you know of any recent pro-defendant cases we should post, please send me an e-mail or comment to this post.

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