Legal Opinion

Vitality Chiropractic, P.C. v. Kemper Insurance

Appellate Terms of the Supreme Court of New York

Decided December 11, 2006PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Order modified by providing that plaintiffs motion for summary judgment is granted to the extent of awarding it partial summary judgment in the principal sum of $357.94, and matter remanded to the court below for the calculation of statutory interest and an assessment of attorney’s fees thereon, and for all further proceedings on plaintiff’s remaining claims; as so modified, affirmed without costs.

In this action to recover first-party no-fault benefits for health care services rendered to its assignor, plaintiff established its prima facie entitlement to summary…

2Cases cited8 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Mary Immaculate Hospital v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
  3. Stephen Fogel Psychological, P.C. v. Progressive Casualty InsuranceAppellate Terms of the Supreme Court of New York · 2004
  4. Hospital for Joint Diseases v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
  5. 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

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3Cited by3 opinions

  1. American Kinetics Lab, Inc. v. Warner Ins. Co.Appellate Terms of the Supreme Court of New York · 2017
  2. Apple Massage Therapy, P.C. v. Adirondack Ins. Exch.Appellate Terms of the Supreme Court of New York · 2017
  3. Progressive Health Chiropractic, P.C. v. American Tr. Ins. Co.Appellate Terms of the Supreme Court of New York · 2017

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