Legal Opinion

Country-Wide Insurance v. Gotham Medical, P.C.

New York Supreme Court

Decided November 20, 2015PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Richard F. Braun, J.

This is a declaratory judgment action regarding no-fault insurance coverage. Defendant counterclaims for attorney’s fees and compensation for bills for the medical services that defendant allegedly provided to occupants of insured automobiles.

Defendant had previously moved for an order dismissing plaintiffs’ complaint for failure to state a cause of action, pursuant to CPLR 3211 (a) (7); or alternatively for an order dismissing plaintiffs’ complaint on the ground that plaintiffs lacked the capacity to file this action, pursuant to CPLR 3211 (a) (3).…

2Cases cited19 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
  3. U.S. Underwriters Insurance v. City Club Hotel, LLCNew York Court of Appeals · 2004
  4. Rembrandt Industries, Inc. v. Hodges International, Inc.New York Court of Appeals · 1976
  5. Unitrin Advantage Insurance v. Bayshore Physical Therapy, PLLCAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by2 opinions

  1. Phillip Michael ScottUnited States Bankruptcy Court, S.D. New York · 2019
  2. Phillip Michael Scott v. AIG Property Casualty CompanyDistrict Court, S.D. New York · 2019

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