Legal Opinion

Zlatnick v. Government Employees Insurance

Civil Court of the City of New York

Decided November 25, 2003PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Charles J. Markey, J.

*348This court is asked to resolve an issue of first impression with wide ramifications for the conduct of no-fault litigation for first-party benefits. The issue is whether a defendant, defending a lawsuit seeking first-party benefits by an assignment, may simultaneously employ a demand for responses to interrogatories and a notice of deposition.

Generally, in no-fault litigation for first-party benefits, a medical provider has taken a patient’s assignment of benefits. The health care professional, the assignee of such benefits, who has not been paid by…

2Cases cited20 opinions

  1. Montgomery v. DanielsNew York Court of Appeals · 1975
  2. Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
  3. General Accident Insurance Group v. CirucciNew York Court of Appeals · 1979
  4. Medical Society v. SerioNew York Court of Appeals · 2003
  5. Rios v. DonovanAppellate Division of the Supreme Court of the State of New York · 1964

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3Cited by6 opinions

  1. Metropolitan Radiological Imaging, P.C. v. State Farm Mutual Automobile InsuranceCivil Court of the City of New York · 2005
  2. Socrates Psychological Services, P.C. v. Progressive Casualty InsuranceCivil Court of the City of New York · 2005
  3. ABC Medical Management, Inc. v. GEICO General InsuranceCivil Court of the City of New York · 2003
  4. MOPS Medical Supply v. GEICO InsuranceCivil Court of the City of New York · 2004
  5. N.Y.C. Medical & Neurodiagnostic, P.C. v. Republic Western InsuranceCivil Court of the City of New York · 2004

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