Legal Opinion
Eagle Surgical Supply, Inc. v. Progressive Casualty Insurance
Appellate Terms of the Supreme Court of New York
Decided September 10, 2008PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order, insofar as appealed from, affirmed without costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. Defendant opposed the motion and cross-moved for summary judgment dismissing the complaint, asserting, inter alia, that plaintiff failed to establish its prima facie entitlement to summary judgment and that the complaint should be dismissed because the assignor failed to appear at scheduled examinations under oath (EUOs). By order entered August 10, 2007, the court below denied plaintiffs…
2Cases cited9 opinions
- Stephen Fogel Psychological, P.C. v. Progressive Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- State Farm Mutual Automobile Insurance v. MallelaNew York Court of Appeals · 2005
- Residential Holding Corp. v. Scottsdale InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
- Central Suffolk Hospital v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by3 opinions
- Prime Psychological Services, P.C. v. Nationwide Property & Casualty Ins.Civil Court of the City of New York · 2009
- Bayside Rehab & Physical Therapy, P.C. v. GEICO InsuranceCivil Court of the City of New York · 2009
- Prestige Medical P.C. v. Travelers Home & Marine Ins. Co.Civil Court of the City of New York · 2014