Exclusive Medical & Diagnostic PC q/o Eekie v. Travelers Indemnity Company
N/AOUTCOME: defendant ordered to disclose
The answer (of defendant) is stricken unnless within 45 days discovery is responded to.
Great Neck, NY
Health care Lawyer at Great Neck, NY
Practice Areas: Health Care, Litigation
OUTCOME: defendant ordered to disclose
The answer (of defendant) is stricken unnless within 45 days discovery is responded to.
OUTCOME: Motion granted for Plaintiff
Defendant ordered to respond to Plaintiff's interrogatories within 30 days.
OUTCOME: Order granting further discovery to Plaintiff
Citing Allen v Crowell-Colliwe Publishing Company, 21 NY 2d 403, the defendant was directed to respond to further questions as court found them relevant to the matter herein.
OUTCOME: Plaintiff's motion for discovery granted
Plaintiff's motion for discovery granted. Defendant directed to answer questions (relating to medical documents). By applying for No-Fault benefits and by tendering an assignment of his right to collec ... t No-Fault benefits, plaintiff-assignor has waived the physician-patient privilege since his physical condition has been placed in issue.
OUTCOME: Summary Judgment granted to Plaintiff
Plaintiff establishes its prima facie case for trial purposes. Issues of fact including medical necessity to be established at trial.
OUTCOME: Decision limiting issues at trial
Plaintiff moved to establish and limit the issues at trial. While Summary Judgment was denied for Plaintiff, the motions established by submitting evidentiary proof through affidavits that the prescrib ... ed statutory billing forms has been mailed and received and that payment of no-fault benefits was overdue.
OUTCOME: Partial summary judgment for Plaintiff
Plaintiff's motion for summary judgment on two causes of action is granted.
OUTCOME: Judgment limitting issue for trial
Summary judgment for Plaintiff granted to the extent... the only issue remaining for trial is Defendant's contention that the services were not medically necessary.
OUTCOME: SJ for Plaintiff
Plaintiff has established its prima facie case through its affidavit of mailing estbalishing the bills were sent to defendant. Plaintiff further establishes no payments have been made. Additionally pla ... intiff's affidavit of Dr. Lifshutz establishes plaintiffs documents are business records. The defendant had not provided any defense. Plaintiff may enter judgment for $4369.64 together with statutory interest, statutory attorneys fees together wth costs and disbursements.
OUTCOME: Summary Judgment for Plaintiff
Plaintiff established its prima facie case through the affidavit of mailing establishing the claims were sent and and affirmations of (the doctor) that establish plaintiff's claim documents as business ... records. Plaintiff is entitled to summary judgment.