Proven Results for Injury Victims Across New York

Civil Court of the City of New York, Kings County | 29 Oct 2020 | 70 Misc. 3d 361 | New York

Judges: Consuelo Mallafre Melendez, J.
Representation: Plaintiff: The Rybak Firm, PLLC (Oleg Rybak, Esq.); Defendant: The Law Offices of Perry & Frankson (Erin L. McFadzen, Esq.)
Result: Rybak Firm WON because the court granted plaintiff’s motion for summary judgment and denied defendant’s motion, finding that defendant’s verification requests were incomplete and did not toll the time to pay or deny the claim, rendering the denial untimely and precluding most defenses.

Civil Court of the City of New York, Kings County | 25 May 2017 | 56 Misc. 3d 681 | New York

Judges: Richard J. Montelione, J.
Representation: Plaintiff: The Rybak Firm, PLLC (Mikhail Kopelevich, Esq.); Defendant: Richard T. Lau & Associates (Jeremy Maline, Esq.)
Result: Rybak Firm WON because, after trial, the court found that defendant failed to meet its burden of proving its affirmative defense of outstanding verification—specifically, defendant presented no witnesses to establish that it had not received the requested verification—and therefore judgment was entered in favor of plaintiff.

Supreme Court of New York, Appellate Term, Second Department | 16 Dec 2016 | 58 Misc. 3d 53 | New York

Judges: Michael L. Pesce, P.J., Martin M. Solomon, J., Elliott, J.
Representation: Appellant (Plaintiff): The Rybak Firm, PLLC (Damin J. Toell, Esq.); Respondent (Defendant): Freiberg, Peck & Kang, LLP (Yilo J. Kang, Esq.)
Result: Rybak Firm WON because the Appellate Term reversed the lower court’s order and denied defendant’s motion for summary judgment, finding that defendant failed to establish that the policy was retroactively rescinded, as both Georgia and New York law prohibit such rescission for the type of policy at issue.

Supreme Court of New York, Appellate Term, Second Department | 17 Nov 2016 | 54 Misc. 3d 46 | New York

Judges: Michelle Weston, J.P., Thomas P. Aliotta, J., Elliott, J.
Representation: Appellant (Plaintiff): The Rybak Firm, PLLC (Damin J. Toell, Esq.); Respondent (Defendant): Peter C. Merani, P.C. (Eric M. Wahrburg, Esq.)
Result: Rybak Firm WON (partial) because the Appellate Term modified the lower court’s order by denying defendant’s cross motion for summary judgment—finding defendant failed to establish proper cancellation of the policy—but also held that plaintiff was not entitled to summary judgment, so the case proceeds.

Civil Court of the City of New York, Kings County | 19 Nov 2025 | 2025 N.Y. Misc. LEXIS 9581 | New York

Judges: Odessa Kennedy, J.
Representation: Plaintiff: The Rybak Firm PLLC; Defendant: Marshall Dennehy
Result: Rybak Firm WON (in part) because the court granted plaintiff’s motion to the extent of finding that plaintiff established submission of bills and defendant failed to properly pay or deny them under No-Fault regulations, while defendant’s summary judgment motion was denied as untimely and unsupported due to failure to prove the alleged September 2021 filing of its motion.

Civil Court of the City of New York, Kings County | 12 Dec 2025 | 87 Misc. 3d 1250(A) | New York

Judges: Sandra E. Roper, J.
Representation: Plaintiff: The Rybak Firm PLLC (Richard Rozhik, Esq.); Defendant: Hollander Legal Group, P.C. (Christopher Volpe, Esq.)
Result: Rybak Firm WON because the court granted plaintiff’s motion for summary judgment to the extent of finding a prima facie case, while denying defendant’s cross-motion, holding that defendant failed to establish entitlement to judgment as a matter of law and raised triable issues of fact—particularly regarding intent and alleged waiver—requiring the matter to proceed to trial.

Supreme Court of New York, Appellate Term, Second Department | 17 May 2024 | 83 Misc. 3d 127(A) | New York

Judges: Wavny Toussaint, P.J., Cheree A. Buggs, J., Lisa S. Ottley, J.
Representation: Appellant (Plaintiff): The Rybak Firm PLLC (Damin J. Toell, Esq.); Respondent (Defendant): Law Offices of Rothenberg & Romanek (Kenneth F. Popper, Esq.)
Result: Rybak Firm WON (partial) because the Appellate Term modified the lower court’s order by denying defendant’s motion to dismiss, holding that defendant failed to establish proper cancellation of the policy due to insufficient proof of mailing under Florida law, although plaintiff’s cross-motion for summary judgment was still denied for failure to establish no-fault prima facie requirements.

Supreme Court of New York, Appellate Term, Second Department | 02 May 2025 | 86 Misc. 3d 126(A) | New York

509.

Judge: Appellate Term, 2nd Dept — PANEL: J.P. Chereé A. Buggs, Wavny Toussaint, Marina Cora Mundy Representation: Plaintiff: The Rybak Firm PLLC (Oleg Rybak, Esq.); Defendant: Goldberg, Miller & Rubin, P.C. (Zachary Whiting, Esq.)
Result: Rybak Firm won in part (procedural/reversal relief).

Court rejected defendant’s res judicata defense at this stage, holding defendant failed to prove the declaratory judgment action involved the same parties/insurer identity (Kemper vs. Unitrin) and therefore did not establish a final adjudication binding plaintiff. However, the court also struck the trial court’s CPLR 3212(g) findings that plaintiff had conclusively established its prima facie case, sending issues back for trial.

Supreme Court of New York, Appellate Term, Second Department | 13 Aug 2024 | 83 Misc. 3d 134(A) | New York

Judges: CHEREÉ A. BUGGS, J.P., MARINA CORA MUNDY, PHILLIP HOM, JJ.
Representation: Plaintiff — The Rybak Firm, PLLC (Damin J. Toell, Richard Rozhik); Defendant — McDonnell, Adels & Klestzick, PLLC.
Result: Rybak Firm won in part. Court held res judicata/collateral estoppel did not apply, so defendant’s summary judgment dismissing complaint was reversed and case reinstated; however, plaintiff lost summary judgment because it failed prima facie proof of proper claim submission/receipt.

Supreme Court of New York, Appellate Term, Second Department | 28 Aug 2020 | 68 Misc. 3d 131(A) | New York

Judges: MICHELLE WESTON, J.P., DAVID ELLIOT, BERNICE D. SIEGAL, JJ.
Representation: Plaintiff — The Rybak Firm, PLLC (Damin Toell, Karina Barska); Defendant — Rubin, Fiorella, Friedman & Mercante, LLP.
Result: Rybak Firm won. Court modified order and denied defendant’s motion to amend and dismiss on res judicata grounds because the prior declaratory judgment did not involve the same defendant/party identity and therefore was not a final adjudication on the merits binding this action, so no preclusion applied.

Supreme Court of New York, New York County | 29 Jun 2012 | 2012 N.Y. Misc. LEXIS 6461 | New York

Judges: Hon. Ellen M. Coin, A.J.S.C.
Representation:
Plaintiffs Liberty Mutual Insurance Co. & Liberty Mutual Fire Ins. Co.: Burke, Gordon & Conway (Liberty Mutual in- house counsel)
Defendants Medical Provider Defendants (including Active Care Medical Supply Corp., Alleviation Medical Services, P.C., Five Boro Psychological & LMSW Services PLLC, Ultimate Care Chiropractic, P.C.): The Rybak Firm PLLC (Oleg Rybak, Esq.), and other defense counsel for additional providers
Result: Rybak Firm won because the court denied Liberty Mutual’s preliminary injunction and declaratory relief request, finding Liberty failed to establish a likelihood of success on the merits—specifically failing to properly prove EUO notice mailing, failing to submit the insurance policy requiring EUOs, and otherwise lacking sufficient admissible proof to justify injunctive relief, even though irreparable harm was shown.

Civil Court of the City of New York, Kings County | 17 May 2019 | 65 Misc. 3d 1212(A) | New York

JUDGE: Odessa Kennedy, J. (Civil Court, Kings County)
REPRESENTATION:
Plaintiff: Island Life Chiropractic Pain Care PLLC — The RYBAK FIRM PLLC (Oleg Rybak, Esq.) Defendant: Amica Mutual Insurance Company — Lawrence N. Rogak LLC
RESULT:
RYBAK FIRM (PLAINTIFF) WINS (IN SUBSTANCE) because the Court denied Defendant’s motion for summary judgment based on EUO non-appearance and policy exhaustion, finding Defendant failed to prove proper mailing of EUO requests, assignor nonappearance, and admissible proof of exhaustion. The Court also found Defendant’s ledger inadmissible and insufficient to establish its defenses.
Plaintiff’s cross-motion was only partially granted (limited to proof that bills were mailed and received), but Defendant was denied full dismissal—so liability defenses failed and Plaintiff’s claim remained viable.

Civil Court of the City of New York, Kings County | 02 Jan 2019 | 62 Misc. 3d 1207(A) | New York

JUDGE: Richard J. Montelione, J.C.C./A.J.S.C. (Civil Court, Kings County) REPRESENTATION:
Plaintiff: Ksenia Pavlova, D.O. a/a/o Tara Thomas — The RYBAK FIRM PLLC Defendant: Allstate Insurance Company — Abrams, Cohen & Associates RESULT:

RYBAK FIRM (PLAINTIFF) WINS because the Court granted Plaintiff’s motion for summary judgment and denied Defendant’s cross-motion. The Court held that Defendant failed to establish a valid EUO non-appearance defense and also failed to prove a founded belief of a staged accident. The EUO-based denial was found untimely and precluded, and Defendant’s circumstantial evidence was insufficient to create a triable issue of fact.

Result: Rybak Firm won (partial victory).
The court granted plaintiff partial relief on the cross-motion, finding plaintiff established prima facie entitlement to no-fault benefits (timely mailing and overdue payment), while defendant failed to eliminate triable issues of fact regarding alleged material misrepresentation and insured domicile. As a result, defendant’s summary judgment application was denied and plaintiff prevailed to the extent of establishing entitlement on the billing issue.

Supreme Court of New York, Appellate Term, Second Department | 31 Jan 2020 | 66 Misc. 3d 144(A) | New York

Judge: Appellate Term, 2nd Dept — PANEL: J.P. Michelle Weston, Thomas P. Aliotta, Bernice D. Siegal Representation: Plaintiff: The Rybak Firm PLLC (Damin J. Toell, Richard Rozhik, Esq.); Defendant: McCormack & Mattei, P.C.
Result: Rybak Firm won in part (modification/partial reversal).
Court reversed the trial court’s dismissal of the complaint on licensing grounds, holding there were triable issues of fact as to whether plaintiff had a valid license during the relevant period and that reliance on prior declaratory judgment findings was improper. However, plaintiff was denied summary judgment for failure to establish lack of timely denial or conclusory denials.

Civil Court of the City of New York, Kings County | 17 Jul 2015 | 48 Misc. 3d 1212(A) | New York

Judge: Hon. Reginald A. Boddie (Civ Ct, Kings County)
Representation: Plaintiff: The Rybak Firm PLLC (Oleg Rybak, Esq.); Defendant: McDonnell & Adels, P.C. Result: Rybak Firm won.
Court held defendant insurer failed to prove material misrepresentation as a matter of law because it did not submit underwriting evidence showing it would not have issued the policy had the true facts been known. Although misrepresentation by the insured was established, it was not shown to be material under Insurance Law § 3105, so the fraud defense failed and plaintiff was awarded judgment for no-fault benefits plus interest and attorney’s fees.

Supreme Court of New York, Suffolk County | 06 May 2021 | 2021 N.Y. Misc. LEXIS 12621 | New York

Judge(s): Hon. Andrew A. Crecca
Representation: Plaintiff Travelers Property Casualty Co. of America — Law Offices of Tina Newsome-Lee; Defendants (including Rovner, Bright Star Rehab, Citimedical I PLLC, Coney Island Psychology PC, Metro Pain Specialists PC, Optimum Health Acupuncture PC, Westchester Radiology & Imaging, and others) — The Rybak Firm (Damin J. Toell and Richard Rozhik of counsel, among others for certain defendant groups)
Result: Rybak Firm WON.
Court denied plaintiff insurer’s motion in its entirety, including requests to:

• stay arbitration,

• stay litigation,

• and obtain a preliminary injunction.

Supreme Court of New York, Appellate Term, Second Department | 02 Aug 2019 | 64 Misc. 3d 142(A) | New York Judge(s): Pesce, P.J., Aliotta, Elliott, JJ.

Representation: Appellant SS Medical Care, P.C. — The Rybak Firm (Damin J. Toell and Karina Barska of counsel); Respondent 21st Century Insurance Co. — Law Offices of Buratti, Rothenberg & Burns

Result: Rybak Firm WON because the order entered January 20, 2017 is reversed and defendant's motion to stay the execution of the judgment entered September 12, 2011, to vacate the judgment and, in effect, the August 16, 2011 order, and to dismiss the complaint is denied.

Supreme Court of New York, Appellate Term, Second Department | 02 Aug 2019 | 64 Misc. 3d 142(A) | New York

Judge(s): Pesce, P.J., Aliotta, Elliott, JJ.
Representation: Appellant SS Medical Care, P.C. — The Rybak Firm (Damin J. Toell and Karina Barska of counsel); Respondent 21st Century Insurance Co. — Law Offices of Buratti, Rothenberg & Burns
Result: Rybak Firm Won because the court ORDERED that the order entered February 16, 2017 is reversed, with $30 costs, and defendant's motion to stay the execution of the judgment entered February 2, 2012, to vacate the judgment and, in effect, the August 16, 2011 order, and to dismiss the complaint is denied.

Supreme Court of New York, Nassau County | 10 Feb 2012 | 2012 N.Y. Misc. LEXIS 807 | New York

Judge(s): Hon. Joel K. Asarch
Representation: Plaintiff American Transit Insurance Co. — Law Office of Jason Tenenbaum, P.C.; Defendant SK Prime Medical Supply, Inc. — The Rybak Firm (PLLC); other defendant providers — various counsel including Gar Tsirelman, P.C., etc.
Result: Rybak Firm WON.
Court denied plaintiff insurer’s motion for declaratory judgment and summary judgment seeking to void no- fault coverage.

Supreme Court of New York, Appellate Term, Second Department | 13 Dec 2019 | 66 Misc. 3d 130(A) | New York

Judge(s): Pesce, P.J., Elliot, Siegal, JJ.
Representation: Appellant SS Medical Care, P.C. — The Rybak Firm (Damin J. Toell and Karina Barska of counsel); Respondent 21st Century Insurance Co. — Law Offices of Buratti, Rothenberg & Burns
Result: Rybak Firm WON (partial reversal / modified victory).
Court modified the lower court order by reversing dismissal of the complaint and reinstating plaintiff’s action, while only vacating the improperly entered judgment.

Supreme Court of New York, Appellate Term, Second Department | 12 Aug 2022 | 76 Misc. 3d 129(A) | New York

Judge(s): Weston, J.P., Toussaint, Buggs, JJ.
Representation: Appellant Hands On Physical Therapy Care — The Rybak Firm (Damin J. Toell and Richard Rozhik of counsel); Respondent Nationwide Ins. — Hollander Legal Group, P.C.
Result: Rybak Firm WON in part / modified victory.
Court modified the Civil Court order by denying defendant summary judgment as to the first through third causes of action, while affirming dismissal of the remaining causes.

Supreme Court of New York, Nassau County | 21 Apr 2023 | 78 Misc. 3d 1241(A) | New York

Judge: HON. CONRAD D. SINGER, J.S.C. Representation:

Plaintiff STATE FARM FIRE AND CASUALTY COMPANY — McDonnell, Adels & Klestzick, PLLC Defendant A TO Z SUPPLY SERVICES, INC. — Kopelevich & Feldsherova, P.C.
Defendants RIDGEWOOD DIAGNOSTIC LABORATORY, LLC; ELENA STYBEL, D.O.; DIANNA BRUNO, PSY.D. — THE RYBAK FIRM, PLLC

Result: Rybak Firm WON because the Court denied State Farm’s motion for a preliminary injunction/stay in its entirety and vacated the TRO, finding State Farm failed to establish likelihood of success on the merits by clear and convincing evidence and failed to demonstrate irreparable harm or equities in its favor.

Supreme Court of New York, Appellate Term, Second Department | 22 Sep 2023 | 81 Misc. 3d 127(A) | New York

Judge: HON. WAVNY TOUSSAINT, P.J., HON. CHEREÉ A. BUGGS, J., HON. LISA S. OTTLEY, J. Representation:

Plaintiff JULES FRANÇOIS PARISIEN, M.D. — The Rybak Firm, PLLC

Defendant ESURANCE — Abrams, Cohen & Associates, P.C.
Result: Rybak Firm won because the order is modified by providing that defendant's cross- motion for summary judgment dismissing the complaint is denied.

Result:
Rybak Firm WON (partial reversal / modification) because the Appellate Term held that defendant improperly denied the CPT 20999 claim without first requesting required “by report” documentation under 11 NYCRR 65-3.5(b). The court modified the lower court order to reinstate that portion of the claim and denied insurer’s summary judgment dismissal, finding the denial was procedurally defective.

Supreme Court of New York, Appellate Term, Second Department | 07 Aug 2020 | 68 Misc. 3d 128(A) | New York

Judge: HON. THOMAS P. ALIOTTA, P.J., HON. MICHELLE WESTON, J., HON. WAVNY TOUSSAINT, J.

Representation:

• Plaintiff MILKY WAY ACUPUNCTURE, P.C., as Assignee of Elvin Veras Paulino — The Rybak Firm, PLLC

• Defendant ALLSTATE INSURANCE COMPANY — Law Offices of Peter C. Merani, P.C.

  Result: Rybak Firm won because the court is reversed the civil court order and the branches of defendant's motion seeking to vacate the default judgment and to compel plaintiff to accept defendant's answer are denied.

Supreme Court of New York, Appellate Term, Second Department | 26 Apr 2019 | 63 Misc. 3d 144(A) | New York

Judges: Pesce, P.J., Weston, Elliott, JJ.
Representation: Plaintiff-appellant Charles Deng Acupuncture, P.C. (The Rybak Firm, PLLC, Damin J. Toell and Karina Barska of counsel) v. Defendant-respondent Nationwide Ins. (McDonald & Safranek, Paul Cohen of counsel)
Result: Rybak Firm won (partial) because the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied.

Supreme Court of New York, Appellate Term, Second Department | 22 Sep 2017 | 57 Misc. 3d 133(A) | New York

Judges: Pesce, P.J., Aliotta, Solomon, JJ.
Representation: Plaintiff-appellant Compas Medical, P.C. (The Rybak Firm, PLLC, Damin J. Toell, Esq.) v. Defendant-respondent American Transit Ins. Co. (Law Office of Jason Tenenbaum, P.C., Jason Tenenbaum, Esq.) Result: Rybak Firm won in part and lost in part because the court found triable issues of fact regarding verification and receipt of claims (creating a presumption of mailing), which prevented dismissal of several causes of action, but plaintiff failed to establish prima facie entitlement to summary judgment on certain claims due to insufficient proof of timely denial issues.

Supreme Court of New York, Appellate Term, Second Department | 13 Nov 2020 | 69 Misc. 3d 142(A) | New York

Judges: Aliotta, P.J., Elliott, Siegal, JJ.
Representation: Plaintiff-appellant Sovera Medical Supply Corp. (The Rybak Firm, PLLC, Damin J. Toell of counsel) v. Defendant-respondent State Farm Mutual Automobile Ins. Co. (Picciano & Scahill, P.C., Matthew Sledzinski of counsel)
Result: Rybak Firm won because the trial court improvidently imposed the drastic sanction of dismissal under CPLR 3126, since there was no clear showing that plaintiff’s discovery noncompliance was willful, contumacious, or in bad faith, and the appropriate remedy was compelling compliance rather than striking the complaint.

Supreme Court of New York, Appellate Term, Second Department | 06 Nov 2020 | 69 Misc. 3d 138(A) | New York

Judges: Aliotta, P.J., Elliott, Siegal, JJ.
Representation: Plaintiff-appellant Sovera Medical Supply Corp. (The Rybak Firm, PLLC, Damin J. Toell of counsel) v. Defendant-respondent State Farm Mutual Automobile Ins. Co. (Picciano & Scahill, P.C., Matthew Sledzinski of counsel)
Result: Rybak Firm won because the trial court improvidently imposed the drastic sanction of dismissal under CPLR 3126, since there was no clear showing that plaintiff’s discovery noncompliance was willful, contumacious, or in bad faith, and the appropriate remedy was compelling compliance rather than striking the complaint.

Judges: Pesce, P.J., Aliotta, Elliott, JJ.

Representation: Plaintiff-appellant T & S Med. Supply Corp. (The Rybak Firm, PLLC, Damin J. Toell and Karina Barska of counsel) v. Defendant-respondent Ocean Harbor Casualty Insurance Company (Gallo, Vitucci & Klar, Yolanda L. Ayala and Richard E. Weber, Jr. of counsel)

Result: Rybak Firm won because the defendant failed to establish proper rescission of the insurance policy, specifically failing to demonstrate proper mailing of the rescission notice and refund check in accordance with required office practices and Florida law, so summary judgment dismissing the complaint was reversed.

Result: Rybak Firm won because defendant failed to make a prima facie showing of entitlement to summary judgment on its policy exhaustion defense, since it did not properly authenticate or lay a sufficient foundation for the payment log allegedly proving payments under the policy, resulting in denial of dismissal of the complaint.

Supreme Court of New York, Appellate Term, Second Department | 14 May 2021 | 71 Misc. 3d 136(A) | New York

Judges: Aliotta, P.J., Toussaint, Golia, JJ.
Representation: Plaintiff-appellant JFL Medical Care, P.C. (The Rybak Firm, PLLC, Damin J. Toell of counsel) v. Defendant-respondent ELRAC, Inc. (Scahill Law Group, P.C., no brief filed)
Result: Rybak Firm won because defendant failed to establish that the independent medical examinations were properly scheduled, since the affidavit did not set forth a sufficient office practice or mailing procedure to presume proper notice, preventing proof that plaintiff’s assignor failed to appear at duly scheduled IMEs and requiring denial of summary judgment.

Supreme Court of New York, Appellate Term, Second Department | 14 May 2021 | 71 Misc. 3d 137(A) | New York

Judges: Aliotta, P.J., Toussaint, Golia, JJ.
Representation: Plaintiff-appellant Total Chiropractic, P.C. (The Rybak Firm, PLLC, Damin J. Toell of counsel) v. Defendant-respondent Integon National Insurance Company (Law Offices of Moira Doherty, P.C., Maureen Knodel of counsel)
Result: Rybak Firm won because defendant failed to establish its entitlement to summary judgment since its affidavit did not adequately demonstrate a standard office practice or procedure ensuring proper mailing of IME scheduling notices, thereby failing to prove that the IMEs were properly scheduled and that plaintiff’s assignor failed to appear.

Supreme Court of New York, Appellate Term, Second Department | 14 May 2021 | 71 Misc. 3d 137(A) | New York

Judges: Aliotta, P.J., Toussaint, Golia, JJ.
Representation: Plaintiff-respondent Excel Products, Inc. (The Rybak Firm, PLLC, Damin J. Toell of counsel) v. Defendant-appellant Farmington Casualty Company (Law Offices of Tina Newsome-Lee, Erika E.E. Treco of counsel)
Result: Rybak Firm won because defendant failed to establish entitlement to summary judgment since its EUO requests were untimely and therefore nullities as they were issued more than 30 days after receipt of the claims, defeating the failure-to-appear defense and requiring denial of dismissal of the complaint.

Judges: Pesce, P.J., Aliotta, Solomon, JJ.
Representation: Plaintiff-appellant Pierre Jean Jacques Renelique (The Rybak Firm, PLLC, Damin J. Toell, Esq.) v. Defendant-respondent American Transit Ins. Co. (Law Office of Jason Tenenbaum, P.C., Jason Tenenbaum, Esq.) Result: Rybak Firm won because the Appellate Term held that defendant improperly obtained leave to reargue by raising new fee schedule evidence and conversion factor calculations that were not presented on the original motion, which is not a valid basis for reargument under CPLR 2221(d), requiring reinstatement of the order denying summary judgment and restoring plaintiff’s complaint.

Supreme Court of New York, Appellate Term, Second Department | 14 Jun 2019 | 64 Misc. 3d 127(A) | New York

Judges: Pesce, P.J., Aliotta, Elliott, JJ.
Representation: Plaintiff-appellant Active Care Medical Supply Corp. (The Rybak Firm, PLLC, Damin J. Toell of counsel) v. Defendant-respondent Farmington Casualty Company (Law Office of Aloy O. Ibuzor, Gregory W. Broido of counsel)
Result: Rybak Firm won in part and lost in part because the court held that some causes of action were properly dismissed as premature due to plaintiff’s failure to provide requested verification, but the lower court erred in dismissing other causes of action on grounds not raised or established by defendant, requiring vacatur and remittal for proper determination.

Supreme Court of New York, Appellate Term, Second Department | 01 Mar 2019 | 64 Misc. 3d 130(A) | New York

Judges: Pesce, P.J., Aliotta, Siegal, JJ.
Representation: Plaintiff-respondent Island Life Chiropractic, P.C. (The Rybak Firm, PLLC, Damin J. Toell of counsel) v. Defendant-appellant State Farm Mutual Automobile Ins. Co. (Rivkin Radler, LLP, Stuart M. Bodoff and Cheryl F. Korman of counsel)
Result: Rybak Firm won because defendant failed to eliminate triable issues of fact as to whether plaintiff’s assignor actually failed to appear for EUOs, since plaintiff submitted sworn evidence that EUOs were rescheduled via phone calls and messages and defendant did not rebut with competent personal knowledge evidence, precluding summary judgment dismissal.

Supreme Court of New York, Appellate Term, Second Department | 23 Jul 2021 | 72 Misc. 3d 135(A) | New York

Judges: Aliotta, P.J., Elliott, Golia, JJ.
Representation: Plaintiff-respondent Ksenia Pavlova, D.O. (The Rybak Firm, PLLC, Damin J. Toell and Karina Barska of counsel) v. Defendant-appellant Global Liberty Insurance (Law Office of Jason Tenenbaum, P.C., Jason Tenenbaum and Shaaker Bhuiyan of counsel)
Result: Rybak Firm won because after a nonjury trial the court credited plaintiff’s evidence that defendant failed to prove the claimed reduction under the workers’ compensation fee schedule, and defendant did not meet its burden to show the amount sought exceeded the allowable fee schedule limits, so judgment in plaintiff’s favor was properly affirmed.

Supreme Court of New York, Appellate Term, Second Department | 03 Jun 2022 | 75 Misc. 3d 136(A) | New York

Judges: Aliotta, P.J., Toussaint, Golia, JJ.
Representation: Plaintiff-appellant Columbus Imaging Center, LLC (The Rybak Firm, PLLC, Damin J. Toell of counsel) v. Defendant-respondent National Liability & Fire Insurance Company (Law Offices of Moira Doherty, P.C., Maureen Knodel of counsel)
Result: Rybak Firm won because defendant failed to establish its entitlement to summary judgment since its IME defense was unsupported by proof of a proper standard office practice or procedure ensuring mailing of IME scheduling notices, meaning it did not demonstrate that the assignor failed to appear for duly scheduled IMEs, requiring denial of dismissal of the complaint.

Supreme Court of New York, Appellate Term, Second Department | 01 Jun 2018 | 59 Misc. 3d 150(A) | New York

Judges: Pesce, P.J., Aliotta, Elliott, JJ.
Representation: Plaintiff-appellant GL Acupuncture, P.C. (The Rybak Firm, PLLC, Damin J. Toell of counsel) v. Defendant-respondent Allstate Insurance Company (Peter C. Merani, P.C., Eric M. Wahrburg of counsel)
Result: Rybak Firm won in part and lost in part because defendant failed to establish that it was not precluded from asserting its fee schedule defense due to insufficient proof of proper and timely mailing of the denial of claim forms, requiring denial of summary judgment dismissal, while plaintiff’s own motion was properly denied for failure to establish lack of timely denial or conclusory denials.

Supreme Court of New York, Appellate Term, Second Department | 30 Nov 2018 | 61 Misc. 3d 152(A) | New York

Judges: Pesce, P.J., Aliotta, Elliott, JJ.
Representation: Plaintiff-appellant Solution Bridge, Inc. (The Rybak Firm, PLLC, Damin J. Toell of counsel) v. Defendant-respondent State Farm Mutual Automobile Ins. Co. (De Martini & Yi, LLP, Bryan Visnius of counsel) Result: Rybak Firm won because plaintiff’s proof gave rise to a presumption that the claim was timely mailed, creating triable issues of fact as to submission and verification, and defendant failed to conclusively eliminate those issues on summary judgment, requiring denial of dismissal of the complaint.

Supreme Court of New York, Appellate Term, Second Department | 03 Jun 2022 | 75 Misc. 3d 136(A) | New York

Judges: Aliotta, P.J., Toussaint, Golia, JJ.
Representation: Plaintiff-appellant JPC Medical, P.C. (The Rybak Firm, PLLC, Damin J. Toell of counsel) v. Defendant-respondent State Farm Mutual Automobile Ins. Co. (Freiberg, Peck & Kang, LLP, Yilo J. Kang of counsel) Result: Rybak Firm won because defendant failed to establish its entitlement to summary judgment on its policy exhaustion defense, as the payment log was not properly authenticated or supported by a sufficient evidentiary foundation showing actual payments under the policy, requiring denial of dismissal of the complaint.

Judges: Weston, J.P., Toussaint, Buggs, JJ.
Representation: Plaintiff-respondent Columbus Imaging Center, LLC (The Rybak Firm, PLLC, Damin J. Toell of counsel) v. Defendant-appellant Nationwide Insurance (Law Office of Kevin J. Philbin, Kevon Lewis of counsel) Result: Rybak Firm won in part and lost in part because defendant failed to eliminate triable issues of fact regarding IME nonappearance since its proof was insufficient to establish personal knowledge of the assignor’s failure to appear, while plaintiff’s cross motion was also properly denied for failure to establish lack of timely denial or legally insufficient denials.

Supreme Court of New York, Appellate Term, Second Department | 30 Jul 2021 | 72 Misc. 3d 138(A) | New York

Judges: WAVNY TOUSSAINT, J.P., MICHELLE WESTON, DAVID ELLIOT, JJ.
Representation: Plaintiff Ahava Medical Diagnostic, P.C. (assignee of Amiri, Behzad) was represented by The Rybak Firm, PLLC; Defendant Hertz Co. was represented by Rubin, Fiorella, Friedman & Mercante, LLP. Result: The Rybak Firm won because the Appellate Term affirmed the denial of defendant’s motion to vacate the default judgment, finding Hertz Co. failed to provide a sufficiently detailed and admissible explanation (including a proper affidavit) to establish a reasonable excuse for its default.

Went through 150 cases from 500-650. (out of 150, 48 success)

Supreme Court of New York, Appellate Term, Second Department | 01 Sep 2017 | 56 Misc. 3d 141(A) | New York

Judge(s): Thomas P. Aliotta, J.P.; Michael L. Pesce, J.; Martin M. Solomon, J.
Representation: Plaintiff-Respondent Bayshore Chiropractic, P.C. — Rybak Firm; Defendant-Appellant Allstate Insurance Company — Peter C. Merani, P.C.
Result: Rybak Firm won because defendant failed to provide a reasonable excuse for its default, making vacatur of the default judgment improper.

Result: Rybak Firm won because defendant failed to establish entitlement to summary judgment, as it provided no evidence that the assignor participated in or knew of the alleged insurance fraud and failed to prove lack of coverage as a matter of law.

Supreme Court of New York, Appellate Term, Second Department | 19 Feb 2021 | 70 Misc. 3d 141(A) | New York

Judge(s): Thomas P. Aliotta, P.J.; Michelle Weston, J.; Wavny Toussaint, J.
Representation: Plaintiff-Appellant Quality Health Supply Corp. — Rybak Firm; Defendant-Respondent Hertz Co. — Rubin, Fiorella, Friedman & Mercante, LLP
Result: Rybak Firm won because defendant was not entitled to dismissal on res judicata grounds, as the prior declaratory judgment did not properly bar this action, and the motion to amend and dismiss was therefore denied.

Supreme Court of New York, Appellate Term, Second Department | 15 Dec 2017 | 58 Misc. 3d 131(A) | New York

Judge(s): Michael L. Pesce, P.J.; Thomas P. Aliotta, J.; Martin M. Solomon, J.
Representation: Plaintiff-Appellant Maria S. Masigla, P.T. — Rybak Firm; Defendant-Respondent Ameriprise Auto & Home — Bruno, Gerbino & Soriano, LLP
Result: Rybak Firm won because the court held defendant was not entitled to summary judgment dismissing the challenged causes of action, as plaintiff’s EUO nonappearance alone did not support dismissal and the insurer failed to establish a dispositive defense as a matter of law.

Supreme Court of New York, Appellate Term, Second Department | 08 Sep 2017 | 57 Misc. 3d 126(A) | New York

Judge(s): Michael L. Pesce, P.J.; Thomas P. Aliotta, J.; Martin M. Solomon, J.
Representation: Plaintiff-Appellant Compas Medical, P.C. — Rybak Firm; Defendant-Respondent American Transit Ins. Co. — Law Office of Jason Tenenbaum, P.C.
Result: Rybak Firm won because the insurer failed to establish, as a matter of law, that the claim was fully paid under the workers’ compensation fee schedule, so dismissal of the first cause of action should not have been granted.

Supreme Court of New York, Appellate Term, Second Department | 08 Jun 2018 | 59 Misc. 3d 153(A) | New York

Judge(s): Michael L. Pesce, P.J.; Thomas P. Aliotta, J.; David Elliot, J.
Representation: Plaintiff-Appellant Gentlecare Ambulatory Anesthesia Services — Rybak Firm; Defendant- Respondent GEICO Insurance Co. — Rivkin Radler, LLP
Result: Rybak Firm won because the appellate court vacated dismissal of the first cause of action, finding the lower court improperly dismissed it on EUO nonappearance grounds instead of addressing the insurer’s actual medical necessity defense, requiring remittal for proper determination.

Supreme Court of New York, Appellate Term, Second Department | 29 Apr 2022 | 75 Misc. 3d 126(A) | New York

... action are denied. In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment on the ground that the action was premature due to plaintiff's failure to provide requested verification. Plaintiff ...

Supreme Court of New York, Appellate Term, Second Department | 25 May 2018 | 59 Misc. 3d 147(A) | New York

Judge(s): Michael L. Pesce, P.J.; Thomas P. Aliotta, J.; David Elliot, J.
Representation: Plaintiff-Appellant Mind & Body Acupuncture, P.C. — Rybak Firm; Defendant-Respondent Allstate Insurance Company — Peter C. Merani, P.C.
Result: Rybak Firm won because the insurer failed to demonstrate entitlement to summary judgment, as it did not establish proper timely mailing of denials or that its defenses were not precluded, requiring reinstatement of the complaint.

Supreme Court of New York, Appellate Term, Second Department | 17 Jun 2022 | 75 Misc. 3d 141(A) | New York

Judge(s): Thomas P. Aliotta, P.J.; Michelle Weston, J.; Wavny Toussaint, J.
Representation: Plaintiff-Appellant New York Wellness PT, P.C. — Rybak Firm; Defendant-Respondent State Farm Mutual Automobile Ins. Co. — Rubin, Fiorella, Friedman & Mercante, LLP
Result: Rybak Firm won because the insurer failed to establish entitlement to summary judgment, as it did not adequately prove a valid EUO nonappearance defense or timely denial of the claim after the alleged EUO no-show.

Supreme Court of New York, Appellate Term, Second Department | 31 Jan 2020 | 66 Misc. 3d 144(A) | New York

Judge(s): Michelle Weston, J.P.; Thomas P. Aliotta, J.; Bernice D. Siegal, J.
Representation: Plaintiff-Respondent Charles Deng Acupuncture, P.C. — Rybak Firm; Defendant-Appellant Hertz Co. — Robyn M. Brilliant, P.C.
Result: Rybak Firm won because defendant failed to establish as a matter of law that the assignor was ineligible for no-fault benefits under Insurance Law § 5103(a)(3), so summary judgment dismissal was properly denied.

Supreme Court of New York, Appellate Term, Second Department | 29 Nov 2019 | 65 Misc. 3d 155(A) | New York

udge(s): Michael L. Pesce, P.J.; Michelle Weston, J.; David Elliot, J.
Representation: Plaintiff-Respondent Jules Francois Parisien, M.D. — Rybak Firm; Defendant-Appellant Nationwide Insurance — Harris J. Zakarin, P.C.
Result: Rybak Firm won because defendant failed to establish prima facie entitlement to summary judgment, as it did not prove timely mailing of the denial of claim form, preventing reliance on its EUO-based defense and collateral estoppel argument.

Supreme Court of New York, Appellate Term, Second Department | 22 Sep 2017 | 57 Misc. 3d 134(A) | New York

Judge(s): Michael L. Pesce, P.J.; Thomas P. Aliotta, J.; Martin M. Solomon, J.
Representation: Plaintiff-Appellant Adelaida M. Laga, P.T. — Rybak Firm; Defendant-Respondent American Commerce Insurance Company — Bruno, Gerbino & Soriano, LLP
Result: Rybak Firm won because defendant failed to establish entitlement to summary judgment on the sixth cause of action due to lack of proof of a timely denial, so dismissal of that claim was improperly granted.

Supreme Court of New York, Appellate Term, Second Department | 30 Jul 2021 | 72 Misc. 3d 137(A) | New York

Judge(s): Thomas P. Aliotta, P.J.; Wavny Toussaint, J.; Donna-Marie E. Golia, J.
Representation: Plaintiff-Respondent Allay Medical Services, P.C. — Rybak Firm; Defendant-Appellant Nationwide Insurance — Hollander Legal Group, P.C.
Result: Rybak Firm won because defendant failed to establish entitlement to summary judgment, as it did not demonstrate that it timely denied the claim after the alleged EUO nonappearances, leaving its defense precluded and insufficient as a matter of law.

Supreme Court of New York, Appellate Term, Second Department, Second, Eleventh and Thirteenth Judicial Districts | 27 Oct 2017 | 57 Misc. 3d 146(A) | New York

Judge(s): Michael L. Pesce, P.J.; Thomas P. Aliotta, J.; Martin M. Solomon, J.
Representation: Plaintiff-Respondent Adelaida M. Laga, PT — Rybak Firm; Defendant-Appellant Hereford Insurance Co. — Law Offices of Lawrence R. Miles
Result: Rybak Firm won because a triable issue of fact existed as to whether the requested verification was outstanding, since plaintiff’s affidavit raised a presumption of mailing and receipt, defeating defendant’s claim that the action was premature.

Judge(s): Michael L. Pesce, P.J.; Thomas P. Aliotta, J.; David Elliot, J.
Representation: Plaintiff-Appellant Acupuncture Now, P.C. — Rybak Firm; Defendant-Respondent American Commerce Insurance Company — Bruno, Gerbino & Soriano, LLP
Result: Rybak Firm won because defendant’s EUO-based defense could not support dismissal of the first cause of action, as the EUO request was untimely and therefore a nullity with respect to that claim, requiring reinstatement of that portion of the action.

Supreme Court of New York, Appellate Term, Second Department | 12 Aug 2022 | 76 Misc. 3d 129(A) | New York

Judge(s): Thomas P. Aliotta, P.J.; Wavny Toussaint, J.; Donna-Marie E. Golia, J.
Representation: Plaintiff-Respondent RA Medical Services, P.C. — Rybak Firm; Defendant-Appellant Lancer Insurance Co. — Hollander Legal Group, P.C.
Result: Rybak Firm won because the insurer’s EUO defense failed as a matter of law since the initial EUO requests were untimely (sent more than 30 days after receipt of the claims), rendering them nullities and defeating summary judgment dismissal.

Supreme Court of New York, Appellate Term, Second Department | 23 Aug 2019 | 64 Misc. 3d 149(A) | New York

Judge(s): Michael L. Pesce, P.J.; Thomas P. Aliotta, J.; David Elliot, J.
Representation: Plaintiff-Appellant Right Aid Medical Supply Corp. — Rybak Firm; Defendant-Respondent State Farm Mutual Automobile Ins. Co. — Richard T. Lau & Associates
Result: Rybak Firm won because the trial court improperly placed the burden on plaintiff and failed to correctly adjudicate the verification issue, requiring reversal and a new trial to determine whether the requested verification remained outstanding.

Supreme Court of New York, Appellate Term, Second Department | 23 Jun 2017 | 56 Misc. 3d 129(A) | New York

Judge(s): David Elliot, J.P.; Michael L. Pesce, J.; Martin M. Solomon, J.
Representation: Plaintiff-Appellant Island Life Chiropractic, P.C. — Rybak Firm; Defendant-Respondent Commerce Insurance Co. — Bruno, Gerbino & Soriano, LLP
Result: Rybak Firm won because defendant failed to establish, as a matter of law, that policy limits were exhausted at the time the claim became payable, since it did not properly demonstrate compliance with the exhaustion requirements under 11 NYCRR 65-3.15.

Result: Rybak Firm won because a triable issue of fact existed as to whether the requested verification remained outstanding, since plaintiff’s affidavit created a presumption of proper mailing and receipt, defeating defendant’s motion to dismiss as premature.

Supreme Court of New York, Appellate Term, Second Department | 19 Dec 2017 | 58 Misc. 3d 135(A) | New York

Judge(s): Michael L. Pesce, P.J.; Thomas P. Aliotta, J.; Martin M. Solomon, J.
Representation: Plaintiff-Respondent Gentlecare Ambulatory Anesthesia Services — Rybak Firm; Defendant- Appellant Travelers Insurance Co. — Law Office of Aloy O. Ibuzor
Result: Rybak Firm won because a triable issue of fact existed regarding whether the requested verification was properly mailed and received, as plaintiff’s affidavit created a presumption of receipt sufficient to defeat defendant’s motion for summary judgment.

Supreme Court of New York, Appellate Term, Second Department | 22 Sep 2017 | 57 Misc. 3d 134(A) | New York

Judge(s): Michael L. Pesce, P.J.; Thomas P. Aliotta, J.; Martin M. Solomon, J.
Representation: Plaintiff-Appellant TAM Medical Supply Corp. — Rybak Firm; Defendant-Respondent Travelers Insurance Co. — Law Offices of Aloy O. Ibuzor
Result: Rybak Firm won because defendant failed to eliminate all triable issues of fact regarding whether verification was actually received, since plaintiff’s affidavit created a presumption of mailing and receipt sufficient to defeat summary judgment dismissal as premature.

Supreme Court of New York, Appellate Term, Second Department | 10 Dec 2021 | 73 Misc. 3d 142(A) | New York

Judges: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, DONNA-MARIE E. GOLIA, JJ. (Aliotta, P.J., Elliot and Golia, JJ., concur)
Representation:
Plaintiff/Respondent: The Rybak Firm, PLLC (Damin J. Toell, Esq.)

Defendants/Appellants: Freiberg, Peck & Kang, LLP (for American Independent Ins. Co.); Omni Indemnity Company (appellant)
Result: Rybak Firm won because the appeal was dismissed since Omni Indemnity was not aggrieved by the order and therefore had no standing to challenge it.

Supreme Court of New York, Appellate Term, Second Department | 08 Sep 2017 | 57 Misc. 3d 126(A) | New York

Judges: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ. (Pesce, P.J., Aliotta and Solomon, JJ., concur)
Representation:
Plaintiff/Appellant: The Rybak Firm, PLLC (Damin J. Toell, Esq.)

Defendant/Respondent: Law Office of Jason Tenenbaum, P.C.
Result: Partial win for Rybak Firm because the Appellate Term modified the lower court order by reinstating the second cause of action (denying summary judgment on that claim), while affirming dismissal of the first cause of action.