Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
This no-fault award came to two significant conclusions: (1) That when a renter is driving a rental car, the rental car pays the PIP claims; and (2) When an insurer issues a denial before the time to do so runs out, the statute of limitations does not begin to run on the date of denial, […]
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Appeal by plaintiffs from an order of the Civil Court, Kings County (L. Baily-Schiffman, J.), entered November 18, 2003, which denied the motion by plaintiffs A.B. Medical Services PLLC, Lvov Acupuncture P.C. and Somun Acupuncture P.C. for summary judgment.
In this declaratory judgment action, plaintiff seeks an order declaring that defendants are not entitled to coverage under a personal automobile insurance policy. In this motion, defendants El Chiropractic, P.C. (El Chiropractic), Inwood Hill Medical, P.C. (Inwood Hill), and New Psychology, P.C. (New Psychology) (together, the providers) seek summary judgment (CPLR 3212) dismissing the complaint, […]
In this action to recover first-party no-fault benefits for medical supplies furnished to its assignor, plaintiff established a prima facie entitlement to summary judgment by proof that it submitted a claim, setting forth the fact and the amount of the loss sustained, and that payment of no-fault benefits was overdue (see Insurance Law Â§ 5106 […]
Plaintiff-Appellant Medical Mutual of Ohio (“MMO”), an insurance company, brought suit against Loan A. Tran (“Tran”) and Khanh B. Luu (“Luu”) for failing to disclose that their dependent son had a pre-existing medical condition (hemophilia). MMO also included as defendants Trans employer, k. Amalia Enterprises Inc. (“k. Amalia”), which contracted with MMO to provide group […]
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Appeal by plaintiff from an order of the Civil Court, Kings County (R. Garson, J.), entered June 10, 2003, which granted defendant’s motion to vacate an order granting plaintiff’s motion for summary judgment on default and which restored the matter to […]