Legal Opinion

Bath Medical Supply, Inc. v. Allstate Indemnity Co.

Appellate Terms of the Supreme Court of New York

Decided February 19, 2010PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Ordered that the order is reversed without costs, plaintiffs motion for summary judgment is granted, defendant’s cross motion to dismiss the complaint or, in the alternative, to compel disclosure is denied, and the matter is remitted to the District Court for the calculation of statutory interest and an assess*94ment of attorney’s fees pursuant to Insurance Law § 5106 (a) and the regulations promulgated thereunder.

In this action by a medical equipment provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. Defendant…

2Cases cited10 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
  3. State Farm Mutual Automobile Insurance v. MallelaNew York Court of Appeals · 2005
  4. Mary Immaculate Hospital v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
  5. FAIR PRICE MED. v. TravelersNew York Court of Appeals · 2008

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3Cited by1 opinion

  1. Country-Wide Ins. Co. v. Valdan Acupuncture, P.C.Appellate Division of the Supreme Court of the State of New York · 2017

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