Legal Opinion

American Transit Insurance v. Marte-Rosario

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 2013Published

1Opinion of the Court

Order, Supreme Court, Bronx County (John A. Barone, J.), entered December 24, 2012, which, insofar as appealed from as limited by the briefs, denied plaintiff’s motion for summary judgment against defendants Multiple Medical Health Services, EC. and Infinite Chiropractic, PLLC, unanimously reversed, on the law, with costs, the motion granted, and it is declared that plaintiff owes no coverage duty to said defendants.

Plaintiff established its entitlement to summary judgment by submitting an affidavit of service demonstrating that the notices scheduling independent medical examinations (IMEs),…

2Cases cited5 opinions

  1. Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
  2. Unitrin Advantage Insurance v. Bayshore Physical Therapy, PLLCAppellate Division of the Supreme Court of the State of New York · 2011
  3. Spatz v. BajramoskiAppellate Division of the Supreme Court of the State of New York · 1995
  4. Brewster v. FTM Servo, Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  5. Ariel Services, Inc. v. New York City Environmental Control BoardAppellate Division of the Supreme Court of the State of New York · 2011

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