KATHERINE A. LEVINE, J. The issue raised at trial in a number of cases is whether a doctor, other than the original doctor who prepared the peer review report ("re peer doctor"), may be permitted to testify as an expert witness when the peer review report and underlying medical records relied upon therein have not been stipulated into evidence. Assuming that the re peer doctor is allowed to testify, the next issue raised is whether the underlying records can be admitted into evidence. It is...
OPINION OF THE COURT SABRINA B. KRAUS, J. Background The underlying summary holdover proceeding was commenced by 46 Downing Street LLC against Otto Thompson, the rent control tenant of record, based on the allegation that respondent had sublet 46 Downing Street — apartment 1C, New York, New York 10014 — without permission, and in violation of section 226-b of the Real Property Law. At the time the proceeding was commenced, respondent was incarcerated. Kay K. Bourabah was not originally named...
LYNN R. KOTLER, J. This action arises from the defendant's alleged breach of a lease. Defendant now moves to dismiss based upon the following grounds: "[1] want of personal jurisdiction in that since the entire transaction was permeated with fraud, this Court should refuse to enforce the consent of jurisdiction clause in the lease under Studebaker-Worthington Leasing Corp. v. New Concepts Realty, Inc., 25 Misc.3d 1 [NY App Term 2d Dept 2009]; or alternatively [2] forum non conveniens,...
KATHERINE A. LEVINE, J. The novel issue presented at trial is whether the bill submitted by plaintiff Jamaica Medical Supply Inc. ("plaintiff" or "Jamaica"), for the rental of medical supply equipment on its face constituted a reasonable justification for plaintiff's untimely submission of written proof of claim or whether plaintiff had an independent obligation to submit a written reasonable justification for its late bill upon receiving the denial from defendant Geico Insurance Company ("...
OPINION OF THE COURT JAMES E. D'AUGUSTE, J. Defendants Cars.com 1 and Classified Ventures, LLC (collectively, Cars), seek dismissal of plaintiff Benjamin Okeke's complaint on the grounds that (1) the lawsuit violates a terms of service agreement (TOS), including a forum selection provision, or, in the alternative, (2) the complaint is barred based upon the application of the Communications Decency Act of 1996 (47 USC 230 et seq. ) (CDA) or (3) otherwise fails to state a cause of action...
OPINION OF THE COURT CARMEN R. VELASQUEZ, J. This is an action by the plaintiff to recover statutory interest and attorney fees on no-fault insurance claims that were overdue when they were paid by the defendant. The plaintiff has submitted proof that, on the dates indicated, the following four claims were mailed to the defendant: 1. March 10, 2009 — $71.49 for services rendered to Ana Oneal 2. June 11, 2009 — $1,392.52 for services rendered to Salvadore Rivera 3. June 25, 2009 — $107.64...
INGRID JOSEPH, J. Plaintiff AR Medical Rehabilitation, P.C. (referred to interchangeably as "plaintiff" or "AR Medical Rehabilitation") initiated this action against defendant Geico General Ins. Co. ("defendant") to recover assigned first party no fault benefits for services provided to assignors Celeste Russell, Robin Williams, and Edwina McDonald. This court conducted a bench trial on January 14, 2013, wherein the parties were represented by counsel. Prior to commencement of the trial the...
