Legal Opinion

A.B. Medical Services PLLC v. New York Central Mutual Fire Ins.

New York Supreme Court

Decided March 7, 2006Published

1Opinion of the Court

OPINION OF THE COURT

Karen Rothenberg, J.

*501In this action to recover no-fault first-party benefits for services provided to its assignor for an accident that occurred on December 8, 2000, plaintiffs establish a prima facie entitlement to summary judgment by proof that they submitted to defendant the statutory claim forms, setting forth the fact and the amount of the losses sustained ($4,427.36, $2,490.78, $1,945.56, $505.50, $208.25, and $500) and that payment of no-fault benefits was overdue (see A.B. Med. Servs. PLLC v CountryWide Ins. Co., 6 Misc 3d 137[A], 2005 NY Slip Op 50255[U] [App Term,…

2Cases cited8 opinions

  1. In re the Claim of RanniNew York Court of Appeals · 1982
  2. Roggio v. Nationwide Mutual InsuranceNew York Court of Appeals · 1985
  3. Gibeault v. Home Insurance CompanyAppellate Division of the Supreme Court of the State of New York · 1995
  4. New York Hospital Medical Center of Queens v. Country-Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
  5. A.B. Medical Services PLLC v. Lumbermens Mutual Casualty Co.Appellate Terms of the Supreme Court of New York · 2004

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