Legal Opinion · Concurrence
Bronx Radiology, P.C. v. New York Central Mutual Fire Insurance
Appellate Terms of the Supreme Court of New York
Decided October 17, 2007Published
1ConcurrenceMcCooe, J.
The majority opinion raises two issues common to numerous first-party no-fault benefit actions, the admissibility of a “low-impact study” and the scope of a Chubb no coverage defense (Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 NY2d 195 [1997]). Since there may be a disagreement with this court and the Appellate Term, Second and Eleventh Judicial Districts, on the first issue and there is a disagreement with both on the second issue, I am writing separately to state my opinion.
First, since the low-impact study is being rejected as a defense in this summary judgment motion as a matter of…
2Cases cited7 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- Central General Hospital v. Chubb Group of Insurance CompaniesNew York Court of Appeals · 1997
- Mount Sinai Hospital v. Triboro Coach, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Valentine v. GrossmanAppellate Division of the Supreme Court of the State of New York · 2001
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