Legal Opinion
Careplus Medical Supply Inc. v. State-Wide Insurance
Appellate Terms of the Supreme Court of New York
Decided December 15, 2005PublishedCited by 3 opinions
1Opinion of the Court
*30OPINION OF THE COURT
Memorandum.
Order unanimously reversed without costs, plaintiffs motion for summary judgment granted and matter remanded to the court below for a calculation of statutory interest and an assessment of attorney’s fees.
In this action to recover first-party no-fault benefits for medical supplies furnished to its assignor, plaintiff established a prima facie entitlement to summary judgment by proof that it submitted the claims, setting forth the fact and the amounts of the losses sustained, and that payment of no-fault benefits was overdue (see Insurance Law § 5106 [a]; Mary…
2Cases cited11 opinions
- 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
- State Farm Mutual Automobile Insurance v. MallelaNew York Court of Appeals · 2005
- Mary Immaculate Hospital v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Mount Sinai Hospital v. Triboro Coach, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Barshay v. State Farm Ins.Appellate Terms of the Supreme Court of New York · 2006
- Allstate Insurance v. Valley Physical Medicine & Rehabilitation, P.C.District Court, E.D. New York · 2007
- Allstate Ins. v. VALLEY PHYSICAL MEDICINE & REHAB.District Court, E.D. New York · 2007