Legal Opinion

J.K.M. Medical Care, P.C. v. Ameriprise Insurance Co.

Appellate Terms of the Supreme Court of New York

Decided December 7, 2016PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Ordered that the order is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is denied.

Plaintiff commenced this action on May 6, 2013 to recover assigned first-party no-fault benefits for medical services that it had provided as a result of a motor vehicle accident that had occurred on May 5, 2011. The injured party, Latoya Payne, signed an assignment of benefits to plaintiff on May 6, 2011. Defendant purported to schedule an examination under oath (EUO) of the assignor to be held on July 29, 2011, and, upon the…

2Cases cited4 opinions

  1. Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
  2. St. Vincent's Hospital v. Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  3. Magic Recovery Medical & Surgical Supply Inc. v. State Farm Mutual Automobile InsuranceAppellate Terms of the Supreme Court of New York · 2010
  4. Smooth Dental, P.L.L.C. v. Preferred Mutual InsuranceAppellate Terms of the Supreme Court of New York · 2012

3Cited by1 opinion

  1. Matter of Kasowitz, Benson, Torres & Friedman, LLP v. JPMorgan Chase Bank, N.A.New York Court of Appeals · 2024

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