Legal Opinion

Healing Health Products, Inc. v. New York Central Mutual Fire Insurance

Appellate Terms of the Supreme Court of New York

Decided May 22, 2014PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Ordered that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint, arguing that the action is premature since plaintiff had not responded to its verification requests. The Civil Court denied defendant’s motion, finding that a triable issue of fact existed as to whether the requests had been received by plaintiff.

As a preliminary matter, we note that, contrary to the apparent positions of both parties on appeal, the order appealed from…

2Cases cited5 opinions

  1. St. Vincent's Hospital v. Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  2. Residential Holding Corp. v. Scottsdale InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
  3. Central Suffolk Hospital v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
  4. Westchester County Medical Center v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
  5. A.B. Medical Services, PLLC v. Utica Mutual InsuranceAppellate Terms of the Supreme Court of New York · 2011

3Cited by12 opinions

  1. Great Health Care Chiropractic, P.C. v. Hereford Ins. Co.Appellate Terms of the Supreme Court of New York · 2016
  2. Great Health Care Chiropractic, P.C. v. Hereford Ins. Co.Appellate Terms of the Supreme Court of New York · 2016
  3. Irina Acupuncture, P.C. v. Auto One Ins. Co.Appellate Terms of the Supreme Court of New York · 2018
  4. Island Life Chiropractic, P.C. v. Country Wide Ins. Co.Appellate Terms of the Supreme Court of New York · 2016
  5. Parisien v. 21st Century Ins. Co.Appellate Terms of the Supreme Court of New York · 2019

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