Appellate Term, Second Department · September 18, 2026 · 2026 NY Slip Op 51594[U]
Health Value Med., P.C. v Allstate Ins. Co.
Read the official decision: 2026 NY Slip Op 51594[U]
Holding The Appellate Term reversed the lower court’s order vacating a judgment because the defendant failed to meet its prima facie burden of demonstrating it had not received a release or stipulation of discontinuance. Consequently, the plaintiff was not required to prove it had tendered those documents in opposition to the motion.
The court’s words
defendant did not demonstrate, prima facie, that it had not received a release or stipulation of discontinuance as was its burden upon its motion
2026 NY Slip Op 51594[U], at the official text
plaintiff did not need to establish that it had tendered the foregoing documents in opposition to the motion
2026 NY Slip Op 51594[U], at the official text
| Court | Appellate Term, Second Department |
|---|---|
| Decided | September 18, 2026 |
| Citation | 2026 NY Slip Op 51594[U] |
| Area of law | Civil Procedure |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51594[U] |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 926 |
Recommended citation
ESQ HQ, New York Law Watch, Health Value Med., P.C. v Allstate Ins. Co., 2026 NY Slip Op 51594[U] (Appellate Term, Second Department, September 18, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51594-u/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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