Legal Opinion

Metropolitan Radiological Imaging, P.C. v. State Farm Mutual Automobile Insurance

Civil Court of the City of New York

Decided February 17, 2005PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Charles J. Markey, J.

The instant controversy raises issues of immense importance governing the permissible scope of discovery in litigation for no-fault first-party benefits. To illustrate the significance of the legal issues posed, this court has consolidated six motions only for purposes of this decision.

The six cases have several common denominators. An insurer has served multiple discovery notices on a plaintiff assignee medical provider of no-fault first-party benefit services. In each of the six motions, an insurer seeks to strike plaintiff’s complaint or to preclude…

2Cases cited29 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
  3. General Accident Insurance Group v. CirucciNew York Court of Appeals · 1979
  4. Central General Hospital v. Chubb Group of Insurance CompaniesNew York Court of Appeals · 1997
  5. Wiseman v. American Motors Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1984

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3Cited by4 opinions

  1. Socrates Psychological Services, P.C. v. Progressive Casualty InsuranceCivil Court of the City of New York · 2005
  2. All-Boro Medical Supplies, Inc. v. Progressive Northeastern InsuranceCivil Court of the City of New York · 2007
  3. Elmont Open MRI & Diagnostic Radiology, P.C. v. New York Central Mutual Fire InsuranceNew York District Court · 2007
  4. All-County Medical & Diagnostic P.C. v. Progressive Casualty InsuranceNassau County District Court · 2005

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