Legal Opinion

Richard A. Hellander, M.D., P.C. v. Metlife Auto & Home Insurance

Appellate Terms of the Supreme Court of New York

Decided May 6, 2015PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Ordered that, on the court’s own motion, the notice of appeal from an order of the same court dated November 6, 2013 is deemed a premature notice of appeal from the amended order entered December 12, 2013 (see CPLR 5520 [c]); and it is further ordered that the amended order is reversed, with $30 costs, and defendant’s motion seeking, in effect, summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff mailed a copy of the summons and complaint to defendant in 2004, pursuant to…

2Cases cited4 opinions

  1. Mihlovan v. GrozavuNew York Court of Appeals · 1988
  2. Klein v. Educational Loan Servicing, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  3. Dominguez v. Stimpson Manufacturing Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  4. New York Medical Rehab., P.C. v. Travelers InsuranceAppellate Terms of the Supreme Court of New York · 2013

3Cited by3 opinions

  1. Active Care Med. Supply Corp. v. Kemper Ins. Co.Appellate Terms of the Supreme Court of New York · 2019
  2. Domny Med. Servs., P.C. v. First Acceptance Ins. Co., Inc.Appellate Terms of the Supreme Court of New York · 2019
  3. Great Health Care Chiropractic, P.C. v. State Farm Mut. Auto. Ins. Co.Appellate Terms of the Supreme Court of New York · 2020

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