APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| A.B. MEDICAL SERVICES PLLC LVOV ACUPUNCTURE P.C. SOMUN ACUPUNCTURE P.C. SQUARE SYNAGOGUE TRANSPORTATION INC. a/a/o CHARLESTINE ST. LOUIS, Appellants, -against- GEICO CASUALTY INSURANCE CO., Respondent. |
DECISION
Motion by defendant-respondent for reargument, or leave to appeal to the Appellate Division, denied.
Parenthetically, we note that it is well settled that in support of, or in opposition to, a motion for summary judgment, an insurer is precluded from asserting the defense of lack of medical necessity if its denial of claim form fails to set forth with sufficient particularity the factual basis and medical rationale for its denial based on the lack of medical necessity (see Amaze Med. Supply Inc. v Eagle Ins. Co., 2 Misc 3d 128[A], 2003 NY Slip Op 51701[U] [App Term, 2d & 11th Jud Dists]).
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| JON A. MAYER, Respondent, -against- NO. THOMAS SANTORELLI, Appellant. |
DECISION
Motion by tenant-appellant for a stay is granted on condition that within 10 days from the date of the order hereon tenant deposit in the court below the amount of the judgment and upon the further condition that tenant perfect the appeal by November 4, 2005; upon failure to comply with either condition, the stay is vacated without further order of this court. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy from July 1, 2005 at the rate previously payable as rent within 10 days from the date of this order and shall continue to pay use and occupancy to landlord at a like rate as it becomes due. Upon failure of tenant to make a required payment for use and occupancy landlord may move upon 3 days' notice to vacate the stay. Tenant shall file with this court proof of deposit of the judgment within one business day after such deposit.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| EKLECCO NEWCO, LLC, Respondent, -against- SCHLOMIT, INC. d/b/a, LEATHER STUDIO, Appellant. |
DECISION
Motion by tenant-appellant for a stay pending appeal is denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| LINDA MANGANO, Appellant, -against- GERALD ZUCKERMAN, Respondent. |
Decision
Motion by defendant-respondent to dismiss appeal for failure to prosecute is granted.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| SARA BUSCEMI, Respondent, -against- FRANCISCO MEJIA, D.D.S., Appellant, -and- LUIS MENENDEZ, D.D.S., Defendant. |
DECISION
On this court's own motion, the order of this court dated July 25, 2005, is recalled and vacated and the following substituted therefor:
Ordered that the dismissal of the appeal is vacated on condition that the appeal is perfected by November 4, 2005; otherwise motion denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| MARGARET J. JACKSON and WILLIAM JACKSON, Respondents, -against- WALLACE GROSS and FINEST AIRBRUSH & CRAFTS, INC., Appellants. |
DECISION
Motion by defendants-appellants granted to the extent of vacating dismissal of the appeal on condition that the appeal is perfected by November 4, 2005; otherwise motion denied.
Those branches of the motion seeking other relief denied.
Defendants-appellants should follow procedures for the settlement of case as set forth in section 1704 of the New York City Civil Court Act.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| BEN LOCHANSKY, Respondent, -against- GARY TILZER, Appellant. |
DECISION
Motion by defendant-appellant, in essence, to vacate dismissal of the appeal is granted on condition that the appeal is perfected by November 4, 2005; otherwise appeal dismissed.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| MARICE M. MENDOZA, Appellant, -against- RIGOBERTO PENA, Respondent. |
DECISION
On the court's own motion, the order dismissing the appeal is vacated and the appeal restored on condition the appeal is perfected by November 4, 2005; otherwise appeal dismissed.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| PAUL POVIA, Respondent, -against- JOYCE FURFERO, Appellant. |
DECISION
Motion by defendant-appellant for a stay pending determination of the appeal is granted on condition that within 10 days from the date of the order hereon defendant deposit the amount of the amended judgment in the court below with proof of the deposit to be filed with this court within one business day after such deposit, and upon the further condition that defendant perfect the appeal by September 2, 2005; upon failure to comply with either condition, the stay is vacated without further order of this court.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| HAZLEANN SMITH c/o MRS. SHEILA BAKER, Appellant, -against- EVETTE MORELAND, Respondent. --------------------------------------------------------------------------x GEORGE MORELAND and EVETTE MORELAND, Respondents, -against- HAZLEANN SMITH-REYES, Appellant. |
DECISION
Motion by plaintiff-appellant to consolidate appeals from an order of the court below dated April 8, 2005 with the appeal from the order of the court dated December 10, 2001 is granted on condition that the appeals are perfected by November 4, 2005 and the appeals are consolidated under appeal 2005-872.
Motion by defendant-respondent to dismiss the appeals is denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| SURAT REALTY, Respondent, -against- ALICE BRISSETT, Appellant. |
DECISION
That branch of the motion by tenant-appellant for a stay pending appeal granted on condition that the appeal is perfected by November 4, 2005; otherwise stay vacated. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due. Upon failure of tenant to make a required payment, landlord may move upon 3 days' notice to vacate the stay.
That branch of the motion for poor person relief is granted.