Legal Opinion
Melbourne Medical, P.C. v. Utica Mutual Insurance
Appellate Terms of the Supreme Court of New York
Decided June 7, 2004PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Orders unanimously affirmed without costs.
In this action to recover $765 in first-party no-fault benefits for medical treatment provided its assignor, plaintiff established its prima facie case for summary judgment by proof it submitted properly executed statutory claim forms (Dermatossian v New York City Tr. Auth., 67 NY2d 219, 224 [1986]; Amaze Med. Supply v Eagle Ins. Co., 2 Misc 3d 128[A], 2003 NY Slip Op 51701[U] [App Term, 2d & 11th Jud Dists]). Defendant’s conceded failure to pay or reject the claim within 30 days of receipt precluded defendant from…
2Cases cited6 opinions
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- Central General Hospital v. Chubb Group of Insurance CompaniesNew York Court of Appeals · 1997
- Metro Medical Diagnostics, P.C. v. Eagle InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
- Government Employees Insurance v. ShaulskayaAppellate Division of the Supreme Court of the State of New York · 2003
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Westchester Medical Center v. Lincoln General InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
- Nyack Hospital v. Encompass InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
- Fair Price Medical Supply Corp. v. Travelers Indemnity Co.Appellate Terms of the Supreme Court of New York · 2005
- A.B. Medical Services PLLC v. Utica Mutual InsuranceAppellate Terms of the Supreme Court of New York · 2005
- Barshay v. State Farm Ins.Appellate Terms of the Supreme Court of New York · 2006
9 more not listed; retrieve them via the Exa API.