Legal Opinion
A.B. Medical Services PLLC v. Nationwide Mutual Ins.
Appellate Terms of the Supreme Court of New York
Decided December 10, 2004PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order insofar as appealed from unanimously affirmed without costs.
In this action to recover assigned no-fault benefits, plaintiffs submitted the affidavit of David Safir, wherein he states that he is the “practice and medical billing manager of plaintiff.” The affidavit is insufficient to establish that plaintiffs provided defendant with properly completed claim forms (see A.B. Med. Servs. v Allstate Ins. Co., 3 Misc 3d 129[A], 2004 NY Slip Op 50373[U] [App Term, 2d & 11th Jud Dists 2004]). Accordingly, plaintiffs failed to establish a prima facie entitlement to…
2Cases cited3 opinions
- 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
- Presbyterian Hospital in City of New York v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1996
- Diagnostic Rehab. Medicine Serv. P.C. v. Travelers Indemnity Co.Appellate Terms of the Supreme Court of New York · 2004
3Cited by10 opinions
- Rockaway Boulevard Medical P.C. v. Progressive InsuranceAppellate Terms of the Supreme Court of New York · 2005
- Metropolitan Radiological Imaging, P.C. v. State Farm Mutual Automobile InsuranceCivil Court of the City of New York · 2005
- Vitality Chiropractic, P.C. v. Kemper InsuranceAppellate Terms of the Supreme Court of New York · 2006
- Diagnostic Rehab. Medicine Serv. P.C. v. Travelers Indemnity Co.Appellate Terms of the Supreme Court of New York · 2004
- A.B. Medical Services PLLC v. Prudential Property & Casualty InsuranceAppellate Terms of the Supreme Court of New York · 2005
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