Legal Opinion
Precision Diagnostic Imaging, P.C. v. Travelers Insurance
Civil Court of the City of New York
Decided May 12, 2005PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Ellen Gesmer, J.
Plaintiff brings this action to recover $1,791.73 under the No-Fault Law for MRIs that it allegedly performed on its assignor, *436Olga Papirova. Defendant Travelers Insurance Company moves for summary judgment on the grounds that (1) plaintiff lacks standing to assert the claim because the doctor who performed the MRIs was an independent contractor on whose behalf the plaintiff may not submit a claim, and (2) the MRIs were not medically necessary. Plaintiff opposes the first claim on the grounds that defendant waived this argument by failing to raise it in a…
2Cases cited17 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
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3Cited by2 opinions
- Long Island Radiology v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
- AP Orthopedics & Rehabilitation, P.C. v. Allstate InsuranceCivil Court of the City of New York · 2010