Legal Opinion
A.B. Medical Services PLLC v. Countrywide Insurance
Civil Court of the City of New York
Decided October 3, 2005Published
1Opinion of the Court
OPINION OF THE COURT
Peter P. Sweeney, J.
*250In this action to recover assigned first-party no-fault benefits, the novel issue presented is whether it is appropriate to grant leave to a plaintiff billing provider to amend a fatally defective proof of claim once the action to recover on the claim has been commenced. For the reasons set forth below, the court concludes such a motion should be denied.
Factual Background
The four plaintiff assignees, A.B. Medical Services PLLC, DAY Chiropractic EC., Daniel Kim’s Acupuncture EC. and G.A. Physical Therapy EC., commenced this action seeking to recover on…
2Cases cited9 opinions
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- Central General Hospital v. Chubb Group of Insurance CompaniesNew York Court of Appeals · 1997
- Nyack Hospital v. Metropolitan Property & Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
- New York Hospital Medical Center of Queens v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- A.B. Medical Services PLLC v. Nationwide Mutual Ins.Appellate Terms of the Supreme Court of New York · 2004
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