Legal Opinion
All-Boro Medical Supplies, Inc. v. Progressive Northeastern Insurance
Civil Court of the City of New York
Decided May 27, 2008PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Peter P. Sweeney, J.
*555In this action to recover assigned first-party no-fault benefits, on January 31, 2008 the parties agreed to a trial on stipulated facts and to the admission into evidence of various exhibits. The question presented is whether the failure of plaintiffs assignor to appear for an examination under oath (EUO) constituted a valid basis for denial of the claim. For the reasons that follow, the court answers this question in the negative.
Factual Background
Plaintiff All-Boro Medical Supplies, Inc. submitted a claim to defendant Progressive Northeastern…
2Cases cited5 opinions
- Stephen Fogel Psychological, P.C. v. Progressive Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- Mary Immaculate Hospital v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- New York & Presbyterian Hospital v. Countrywide InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
- All-Boro Medical Supplies, Inc. v. Progressive Northeastern InsuranceCivil Court of the City of New York · 2007
3Cited by5 opinions
- Eagle Surgical Supply, Inc. v. Progressive Casualty InsuranceAppellate Terms of the Supreme Court of New York · 2008
- Prime Psychological Services, P.C. v. Nationwide Property & Casualty Ins.Civil Court of the City of New York · 2009
- Bayside Rehab & Physical Therapy, P.C. v. GEICO InsuranceCivil Court of the City of New York · 2009
- Prestige Medical P.C. v. Travelers Home & Marine Ins. Co.Civil Court of the City of New York · 2014
- Sure Way NY, Inc. v. Travelers Insurance Co.Civil Court of the City of New York · 2016