Why Trust This Analysis
This article is part of our ongoing discovery coverage, with 100 published articles analyzing discovery issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
No-fault insurance disputes often center around Examinations Under Oath (EUOs), where insurance companies require medical providers to appear and answer questions about submitted claims. When providers fail to respond to these requests, they may find themselves in a significantly weakened legal position.
A recent appellate decision establishes an important precedent regarding the consequences of ignoring EUO demands. The ruling demonstrates how procedural missteps can severely limit a provider’s ability to challenge an insurer’s actions, even when questions exist about the validity of the underlying requests.
This case highlights the critical importance of responding appropriately to EUO requests in New York No-Fault Insurance Law matters, as silence can effectively waive important legal rights and discovery opportunities.
The Canarsie Chiropractic decision against State Farm
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Canarsie Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co., 2013 NY Slip Op 51457(U)(App. Term 2d Dept. 2013)
Plaintiff’s arguments on mailing, justification and CPLR 3212(f)
“Plaintiff argues that defendant failed to prove that it had timely mailed its EUO scheduling letters and denial of claim forms, that defendant’s EUO requests were not justified, and that defendant’s motion should have been denied pursuant to CPLR 3212 (f).”
“Since plaintiff does not claim to have responded in any way to the EUO requests, its objections regarding the EUO requests will not be heard, and therefore discovery relevant to the reasonableness of the EUO requests was not necessary to oppose the motion (see CPLR 3212 ).”
Failure to respond to EUO requests and discovery on reasonableness
This is the first time that the court has held that the failure to respond to an EUO demand estopps the provider from seeking disclosure as to the reasonableness of the EUO letters.
Key Takeaway
This groundbreaking decision establishes that healthcare providers who completely ignore EUO requests lose their right to challenge those requests or seek discovery about their reasonableness. The court’s ruling creates a form of estoppel, preventing non-responsive providers from later questioning the validity or timing of EUO demands, significantly strengthening insurers’ positions in no-fault litigation.
Legal Update (February 2026): Since this 2013 decision, New York’s no-fault insurance regulations have undergone several revisions, including amendments to EUO procedures, notice requirements, and discovery standards. Additionally, appellate courts have issued subsequent rulings that may have refined or clarified the principles regarding waiver of objections to EUO requests. Practitioners should verify current regulatory provisions and recent case law developments when advising clients on EUO compliance and discovery rights.
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Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,600 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
About This Topic
Discovery Practice in New York Courts
Discovery is the pre-trial process through which parties exchange information relevant to the dispute. In New York, discovery practice is governed by CPLR Article 31 and involves depositions, interrogatories, document demands, and physical examinations. Disputes over the scope of discovery, compliance with demands, and sanctions for noncompliance are frequent in both no-fault and personal injury cases. These articles analyze discovery rules, court decisions on discovery disputes, and strategies for effective discovery practice.
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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