Bajaj v. General Assurance
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgment reversed without costs and judgment directed to be entered in favor of defendant dismissing the complaint.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiffs counsel offered, at the outset of trial, a notice to admit to which defendant had not responded, in order to prove plaintiffs prima facie case, and then rested without calling any witnesses. Of particular relevance to the instant appeal was item 6 of the notice to admit which stated: “Annexed hereto is a true and accurate copy of a Notice of Denial issued by…
2Cases cited9 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Mary Immaculate Hospital v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Taylor v. BlairAppellate Division of the Supreme Court of the State of New York · 1986
- Dan Medical, P.C. v. New York Central Mutual Fire InsuranceAppellate Terms of the Supreme Court of New York · 2006
- Marine Midland Bank, N. A. v. CusterAppellate Division of the Supreme Court of the State of New York · 1983
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- Central Nassau Diagnostic Imaging, P.C. v. GEICOAppellate Terms of the Supreme Court of New York · 2010
- Elmont Open MRI & Diagnostic Radiology, P.C. v. New York Central Mutual Fire InsuranceNassau County District Court · 2012
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