Legal Opinion
Barshay v. State Farm Ins.
Appellate Terms of the Supreme Court of New York
Decided December 8, 2006PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order, insofar as appealed from, affirmed without costs.
In an action to recover first-party no-fault benefits for health care services provided to an assignor, a plaintiff establishes a prima facie entitlement to summary judgment by proof that it submitted a claim, setting forth the fact and amount of the loss sustained and that payment of no-fault benefits is overdue (Insurance Law § 5106 [a]; Mary Immaculate Hosp. v Allstate Ins. Co., 5 AD3d 742 [2004]; Amaze Med. Supply v Eagle Ins. Co., 2 Misc 3d 128[A], 2003 NY Slip Op 51701[U] [App Term, 2d & 11th Jud…
2Cases cited16 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
- Central General Hospital v. Chubb Group of Insurance CompaniesNew York Court of Appeals · 1997
- Mary Immaculate Hospital v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- All-Boro Medical Supplies, Inc. v. Progressive Northeastern InsuranceCivil Court of the City of New York · 2007
- New York Diagnostic Medical Care, P.C. v. GEICO General InsuranceAppellate Terms of the Supreme Court of New York · 2013
- AR Medical Rehabilitation v. State-Wide InsuranceCivil Court of the City of New York · 2015
- Bob Acupuncture, P.C. v. New York Cent. Mut. Fire Ins. Co.Appellate Terms of the Supreme Court of New York · 2016
- St. Vincent Medical Care, P.C. v. Country-Wide InsuranceAppellate Terms of the Supreme Court of New York · 2009