Bedford Medical Care, P.C. v. Encompass Insurance
Civil Court of the City of New York
1Opinion of the Court
*223OPINION OF THE COURT
Devin P. Cohen, J.
Defendant’s motion to dismiss pursuant to CPLR 3211 (a) (5) is decided as follows:
Procedural History
This action arises from an August 6, 2008 incident wherein plaintiff’s assignor allegedly sustained personal injuries and subsequently received treatment from plaintiff health services provider. On August 27, 2009, plaintiff commenced this action seeking to recover first-party no-fault benefits for services rendered to its assignor. Issue was joined by service of defendant’s answer on or about October 7, 2009.
Prior to the commencement of this lawsuit,…
2Cases cited6 opinions
- James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
- Staatsburg Water Co. v. Staatsburg Fire DistrictNew York Court of Appeals · 1988
- All Terrain Properties, Inc. v. HoyAppellate Division of the Supreme Court of the State of New York · 2000
- Zimmerman v. Tower InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Magic Recovery Medical & Surgical Supply Inc. v. State Farm Mutual Automobile InsuranceAppellate Terms of the Supreme Court of New York · 2010
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3Cited by1 opinion
- In re ZapasUnited States Bankruptcy Court, E.D. New York · 2015