Legal Opinion

Advanced Tempromandibular Disorder & Dental Surgery v. Progressive Northeastern Insurance

Suffolk County District Court

Decided February 17, 2010Published

1Opinion of the Court

OPINION OF THE COURT

C. Stephen Hackeling, J.

At a trial of the above-captioned “medical service provider no-fault” action conducted December 17, 2009, neither side presented witnesses. Instead, the plaintiff offered into evidence a notice to admit dated November 13, 2009 which asked the defendant to admit it received the attached claim and assignment for no-fault medical provider services for $1,184.66, that the defendant denied the claim and that payment was not made thereon. Thereafter, the plaintiff rested asserting the establishment of a prima facie cause of action pursuant to Insurance…

2Cases cited11 opinions

  1. Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
  2. Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
  3. Mary Immaculate Hospital v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
  4. FAIR PRICE MED. v. TravelersNew York Court of Appeals · 2008
  5. Nyack Hospital v. Metropolitan Property & Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2005

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