Legal Opinion

Craniofacial Pain Management v. New York Central Mutual Fire Insurance

Civil Court of the City of New York

Decided October 2, 2000PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Kevin J. Kerrigan, J.

Defendant’s motion is granted to the extent that the branch of the motion to amend its answer to add the affirmative *310defense of lack of standing based upon an invalid assignment is granted. However, the branch of the motion which seeks dismissal of the action based upon the affirmative defense is denied.

The assignment states that in consideration of services rendered:

“I hereby assign to the provider * * * so much of my first party no-fault automobile insurance benefits and rights * * * as shall equal the full amount of the bill for such services and…

2Cases cited3 opinions

  1. Gingold v. State Farm InsuranceCivil Court of the City of New York · 1996
  2. Pain Resource Center v. Travelers InsuranceCivil Court of the City of New York · 2000
  3. Rehab Medical Care of New York, P. C. v. Travelers InsuranceCivil Court of the City of New York · 2000

3Cited by4 opinions

  1. State Farm Mutual Automobile Insurance v. MallelaDistrict Court, E.D. New York · 2001
  2. SHADY GROVE ORTHOPEDIC ASSOCIATES v. Allstate Insurance CompanyDistrict Court, E.D. New York · 2006
  3. S&M Supply Inc. v. New York Central Mutual Fire InsuranceCivil Court of the City of New York · 2002
  4. MB Advanced Equipment, Inc. v. MVAICCivil Court of the City of New York · 2015

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