Legal Opinion
Viviane Etienne Medical Care, P.C. v. Country-Wide Insurance
Appellate Terms of the Supreme Court of New York
Decided February 8, 2011PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Ordered that the order is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court denied plaintiffs motion for summary judgment, finding that plaintiff had failed to establish its prima facie entitlement to that relief. We agree.
A no-fault provider establishes its prima facie entitlement to summary judgment by proof of the submission to the defendant of a statutory claim form, setting forth the fact and the amount of the loss sustained, and that the defendant had failed to either pay or deny the…
2Cases cited12 opinions
- In re Leon RRNew York Court of Appeals · 1979
- Medical Society v. SerioNew York Court of Appeals · 2003
- Westchester Medical Center v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
- Mary Immaculate Hospital v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Hochhauser v. Electric InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Viviane Etienne Medical Care v. Country-Wide Ins.New York Court of Appeals · 2015
- 2132 Presidential Assets, LLC v. CarrasquilloCivil Court of the City of New York · 2013
- Bank of New York Mellon v. MorgaNew York Supreme Court · 2017
- Capital One Bank v. KoralikAppellate Terms of the Supreme Court of New York · 2016
- NYU Hospital for Joint Diseases v. State Farm Mutual Automobile InsuranceAppellate Terms of the Supreme Court of New York · 2012
6 more not listed; retrieve them via the Exa API.