Great Neck, NY
Health care Lawyer at Great Neck, NY
Practice Areas: Health Care, Litigation
OUTCOME: Prima Facie Case Established
Plaintiff's motion for Summary Judgment, granted to the extent that Plaintiff has established its prima facie case. Plaintiff proved through its exhibits and affidavits... that the claims in dispute we ... re properly submitted to Defendant and that payment is overdue.
OUTCOME: Issues Limitted for Trial after Motion
Plaintiff's motion for summary judgment granted....Plaintiff established its prima facie case and defendant had issued a timely denial of claim form and the only issue for trial shall be the defendant' ... s contention that the services were not necessary.
OUTCOME: Affirmed Verdict for Plaintiff
Trial verdict for Plaintiff upheld by Appellate Term on appeal. The evidence supports the trial court's determination that the tests underlying this first party no-faults benefits action were medically ... necessary. Citation: Vladimir Zlatnick MD PC a/o Angela Reynolds v. Travelers Indemnity Company, Appellate Term, First Dept., March 2006, NY County Clerk 580914/2005, appeal from Civil Court of the City of New York, Bronx County.
OUTCOME: Summary Judgment decision limitting trial issues
Plaintiff's motion granted to the extent that plaintiff has established that it mailed its claim for no-fault benefits to defendant... for services rendered. Defendant has established that it mailed a ... timely denial of claim form to the plaintiff. Therefore, the court finda that plaintiff has established its prima facie case and defendant has issued a timely denials of claim form. The only issue for trial shall be the defendant's contention that the services were not medically necessary. Decision 3/6/08.
OUTCOME: Defendant's EBT request denied
Defendant moved to strike Plaintiff's notice of trial and compel an EBT of Plaintiff. Denied in its entirety as defendant failed to move to strike the notice of trial within 20 days of receipt. Additio ... nally defendant's request to compel plaintiff to appear for an EBT is denied as defendant never served a notice for deposition on the plaintiff. The matter shall remain on the trial calendar.
OUTCOME: Trial issues limitted
Plaintiff established its prima facie case. Defendant issued a timely denial of claim form. The dole issue for trial is the medical necessity or lack thereof of the services rendered.
OUTCOME: Trial issue limitted
Motion by Plaintiff establishes its prima facie case. Issue of face to be decided at trial is the medical necessity of the underlying services.
OUTCOME: Trial issues limitted to medical necessity
Plaintiff has established its prima facie case by demonstrating timely submission of the bill to Defendant. Defendant has demonstrated that it has issued a timely denial of claim form. Issues of face r ... emain regards medical necessity and the parties are directed to proceed to trial solely on that issue.
OUTCOME: Plaintiff's prima facie case established
Plaintiff's moyion for summary judgment is granted solely to the extent that plaintiff has established it prima facie case. However, the submission by both sides raises of fact and credibility for tria ... l, including but not limited to, the issue of the medical necessity of the service rendered.
OUTCOME: Triable issue of fact
Motions for summary judgment denied and triable issue of fact as to defendant's defense of lack of medical necessity. (attorney's note: the motion was made to establish the triable issue of fact for tr ... ial.)
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