Legal Opinion
Green v. Liberty Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 2005PublishedCited by 1 opinion
1Opinion of the Court
In an action to recover no-fault benefits, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Molía, J.), dated February 10, 2004, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) and Insurance Law § 5106 (c).
Ordered that the order is affirmed, with costs.
The plaintiff contends that he was entitled to a trial de novo of his no-fault claim pursuant to Insurance Law § 5106 (c) because the amount in controversy was greater than $5,000. We disagree. The statute permits an insurer or a claimant to institute a court action to…
2Cases cited6 opinions
- City of New Orleans v. DukesSupreme Court of the United States · 1976
- Country-Wide Ins. Co. v. HarnettDistrict Court, S.D. New York · 1977
- In Re the Arbitration Between Greenberg & Ryder Truck Rental, Inc.New York Court of Appeals · 1987
- General Accident Fire & Life Insurance v. AvlonitisAppellate Division of the Supreme Court of the State of New York · 1989
- Harley v. United Services Automobile Ass'nAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by1 opinion
- Avenue C Medical, P.C. v. Encompass InsuranceAppellate Division of the Supreme Court of the State of New York · 2015