Legal Opinion
Magic Recovery Medical & Surgical Supply Inc. v. State Farm Mutual Automobile Insurance
Appellate Terms of the Supreme Court of New York
Decided April 9, 2010PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Ordered that the order, insofar as appealed from, is reversed without costs, the branch of defendant’s motion which sought summary judgment on the ground that the action was barred by collateral estoppel is denied, and the matter is remitted to the Civil Court for a determination of the remaining branch of defendant’s motion.
In this action by a provider to recover assigned first-party no-fault benefits for medical equipment provided to its assignors following automobile collisions on April 29, 1999 (assignors Elkin and Andreeva) and on June 8, 2000 (assignors…
2Cases cited6 opinions
- Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
- Green v. Santa Fe Industries, Inc.New York Court of Appeals · 1987
- Chambers v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Zimmerman v. Tower InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- McElroy v. SivasubramaniamAppellate Division of the Supreme Court of the State of New York · 2003
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smooth Dental, P.L.L.C. v. Preferred Mutual InsuranceAppellate Terms of the Supreme Court of New York · 2012
- Bedford Medical Care, P.C. v. Encompass InsuranceCivil Court of the City of New York · 2011
- J.K.M. Medical Care, P.C. v. Ameriprise Insurance Co.Appellate Terms of the Supreme Court of New York · 2016
- Ideal Medical Supply v. Mercury Casualty InsuranceAppellate Terms of the Supreme Court of New York · 2013
- J.K.M. Med. Care, P.C. v. Ameriprise Ins. Co.Appellate Terms of the Supreme Court of New York · 2016
3 more not listed; retrieve them via the Exa API.