Legal Opinion
AVA Acupuncture, P.C. v. GEICO General Insurance
Appellate Terms of the Supreme Court of New York
Decided September 14, 2007PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
*42Order affirmed without costs and, upon searching the record, summary judgment granted to defendant dismissing plaintiffs cause of action with respect to those portions of plaintiffs claims seeking reimbursement of the unpaid balance of 23 acupuncture sessions conducted between February 9 and April 4, 2004.
In an action to recover assigned first-party no-fault benefits, a provider generally establishes its prima facie entitlement to summary judgment by proof of the submission of a claim form, setting forth the fact and the amount of the loss sustained, and that…
2Cases cited7 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
- Residential Holding Corp. v. Scottsdale InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
- Mary Immaculate Hospital v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- A.B. Medical Services v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by3 opinions
- Great Wall Acupuncture, P.C. v. GEICO InsuranceAppellate Terms of the Supreme Court of New York · 2009
- Healthplus Surgery Ctr., LLC v. American Tr. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2022
- Lenox Hill Radiology v. New York Central Mutual Fire InsuranceNassau County District Court · 2008