Legal Opinion

Spring World Acupuncture, P.C. v. NYC Transit Authority

Appellate Terms of the Supreme Court of New York

Decided May 22, 2009PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Order reversed without costs, and defendant’s motion for summary judgment dismissing the complaint denied.

Plaintiff, a provider, commenced the instant action against defendant New York City Transit Authority (sued herein as NYC Transit Authority) by filing a summons and complaint on October 10, 2006 seeking to recover assigned first-party no-fault benefits for claims which were submitted to defendant prior to September 8, 2003. After issue was joined, defendant moved for summary judgment dismissing the complaint pursuant to its affirmative defense that the…

2Cases cited7 opinions

  1. Elrac, Inc. v. WardNew York Court of Appeals · 2001
  2. Allstate Insurance v. ShawNew York Court of Appeals · 1980
  3. Mandarino v. Travelers Property Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
  4. In re the Arbitration between Country-Wide Insurance & ManningNew York Court of Appeals · 1984
  5. ELRAC, Inc. v. SueroAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by1 opinion

  1. Denise v. New York City Transit AuthorityAppellate Terms of the Supreme Court of New York · 2009

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