Legal Opinion

Rehabxpress, PT, P.C. v. Auto One Ins. Co.

Appellate Terms of the Supreme Court of New York

Decided July 14, 2017Published

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Ordered that the order is affirmed, with $25 costs.

In July 2012, plaintiff (the provider) commenced this action to recover assigned first-party no-fault benefits for medical services rendered to its assignor, who had allegedly been injured in a motor vehicle accident that had occurred on August 8, 2011. Defendant (the insurer) failed to timely answer or appear in this action, and instead commenced a declaratory judgment action in the Supreme Court, New York County, against the provider, among others, seeking a declaration that the defendants in that action were…

2Cases cited5 opinions

  1. Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
  2. Stilwell v. CarpenterNew York Court of Appeals · 1875
  3. Kretsch v. DenofrioAppellate Division of the Supreme Court of the State of New York · 1910
  4. Joseph Kali Corp. v. A. Goldner, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Scianna v. SciannaAppellate Division of the Supreme Court of the State of New York · 1994

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