Legal Opinion
Fair Price Medical Supply, Inc. v. St. Paul Travelers Insurance
Appellate Terms of the Supreme Court of New York
Decided May 4, 2007PublishedCited by 5 opinions
1Opinion of the Court
*9OPINION OF THE COURT
2Per curiam
Order, dated January 5, 2006, affirmed, with $10 costs.
In response to plaintiffs interrogatories, defendant insurer admitted that it received the no-fault claims at issue and made partial payment on the claims. Inasmuch as defendant’s verified answers to the interrogatories constituted admissions of a party, which are admissible as evidence (see Bigelow v Acands, Inc., 196 AD2d 436 [1993]), defendant may not now be heard to argue that plaintiff failed to submit proof that the claims had been mailed and received, and that they were overdue (see Mary Immaculate Hosp. v…
3Cases cited3 opinions
- Mary Immaculate Hospital v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Bigelow v. Acands, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Hospital for Joint Diseases v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
4Cited by5 opinions
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- Central Nassau Diagnostic Imaging, P.C. v. GEICOAppellate Terms of the Supreme Court of New York · 2010
- Advanced Tempromandibular Disorder & Dental Surgery v. Progressive Northeastern InsuranceSuffolk County District Court · 2010
- Alleviation Medical Services, PC v. Hertz Co.Civil Court of the City of New York · 2015
- Custom Orthotics of NY, Inc. v. State Farm Mutual Auto InsuranceSuffolk County District Court · 2007