Stephen Fogel Psychological, P.C. v. Progressive Casualty Insurance

Golia, J.,

concurs in part and dissents in part, and votes to reverse the order and grant defendant’s motion for summary judgment in the following memorandum: We all agree that “plaintiff should not have been granted summary judgment.” I regret to say that is where we part company. I dissent as to the reasoning behind the majority’s holding and as to the refusal to grant judgment to the defendant dismissing the complaint.

A careful reading exposes the inaccuracies, misstatements and misunderstandings relied upon by the majority.

The majority presents a two-tiered question. The first question is,…