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Notable Decisions

The cancellation of an automobile policy of insurance can only be effected prospectively, not retroactively. Disclaimer, issued three months after gaining knowledge for the basis is untimely as a matter of law. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
November 18, 2008
Factual assertions made by persons in support of defendantÂ’s motion for summary judgment not rebutted by plaintiff. Court must accept factual assertions since no evidence submitted that questions the veracity thereof. CIVIL COURT OF THE CITY OF NEW YORK, COUTY OF NEW YORK
September 22, 2008
Defendant provided sufficient proof, in admissible form, to show that plaintiffÂ’s assignor failed to attend IMEs, paid certain bills pursuant to the New York State fee Schedule and did not receive certain bills from plaintiff. CIVIL COURT OF THE CITY OF NEW YORK, COUTY OF NEW YORK
November 26, 2008
Orders not appealable as of right, as no appeals lie as of right from orders that do not decide motions made on notice. Leave to appeal denied. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
October 16, 2007
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