Murali v. Upton

OPINION OF THE COURT

Michael D. Stallman, J.

Defendants move for summary judgment dismissing the complaint on the ground that plaintiff may not maintain this action because it is in violation of Insurance Law § 5108 and 11 NYCRR 68.4.

The following facts are not in dispute: Defendant Edward Upton was injured in a motor vehicle accident on January 4, 1993. On or about March 8, 1994, plaintiff, an orthopedic surgeon, performed a laminectomy on defendant’s cervical spine. After plaintiff submitted his surgery bill to the no-fault *187carrier, the carrier informed plaintiff that defendant’s no-fault…