Legal Opinion
A.M. Medical, P.C. v. State Farm Mutual Insurance Co.
Appellate Terms of the Supreme Court of New York
Decided December 3, 2008PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgment affirmed without costs.
In this action by a provider to recover assigned first-party no-fault benefits, defendant moved, pursuant to CPLR 3216, to dismiss the complaint based upon plaintiffs failure to prosecute the action. Plaintiff opposed the motion, contending that defendant’s 90-day demand was defective and therefore a nullity because it did not contain “a caption setting forth the name of the court, the venue . . . and the index number of the action” (CPLR 2101 [c]). The court below granted the motion to dismiss, and this appeal by plaintiff ensued.
2Cases cited6 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Rubin v. BaglioAppellate Division of the Supreme Court of the State of New York · 1996
- Deygoo v. Eastern Abstract Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Felix v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2008
- Katina, Inc. v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2004
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Faith Acupuncture, P.C. v. Government Empls. Ins. Co.Appellate Terms of the Supreme Court of New York · 2019
- Midwood Total Rehab, P.C. v. GEICO Ins. Co.Appellate Terms of the Supreme Court of New York · 2018
- Pro Health Acupuncture, P.C. v. GEICO Ins.Appellate Terms of the Supreme Court of New York · 2019
- Schottenstein Pain & Neuro, PLLC v. GEICO Ins. Co.Appellate Terms of the Supreme Court of New York · 2019