Legal Opinion
A.B. Medical Services PLLC v. Commercial Mutual Insurance
Appellate Terms of the Supreme Court of New York
Decided March 27, 2006PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order, insofar as appealed from, affirmed without costs.
In this action to recover first-party no-fault benefits for medical services rendered to their assignors, plaintiffs moved for partial summary judgment in the sum of $5,460.79. On appeal, plaintiffs have limited their claim to the sum of $5,427.09. Plaintiffs established a prima facie entitlement to summary judgment by proof that they submitted the claims, setting forth the fact and the amounts of the losses sustained, and that payment of no-fault benefits was overdue (see Insurance Law § 5106 [a]; Mary…
2Cases cited12 opinions
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- Mary Immaculate Hospital v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Nyack Hospital v. Metropolitan Property & Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
- Metro Medical Diagnostics, P.C. v. Eagle InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
- Nyack Hospital v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by3 opinions
- Complete Orthopedic Supplies, Inc. v. State Farm InsuranceCivil Court of the City of New York · 2007
- Boai Zhong Yi Acupuncture Services P.C. v. Progressive Casualty InsuranceAppellate Terms of the Supreme Court of New York · 2006
- Magic Recovery Medical & Surgical Supply Inc. v. State Farm Mutual Automobile InsuranceAppellate Terms of the Supreme Court of New York · 2010