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Contact Chiropractic, P.C., as Assignee of Girtha Butler, Respondent,v.New York City Transit Authority, Appellant.

Brief

29 Cited authorities

  1. Viviane Etienne Med. Care, P.C. v. Country-Wide Ins. Co.

    2015 N.Y. Slip Op. 4787 (N.Y. 2015)   Cited 448 times

    No. 75 06-10-2015 Viviane Etienne Medical Care, P.C., as assignee of Alem Cardenas, Respondent, v. Country-Wide Ins. Co., Appellant. Thomas A. Torto, for appellant. David M. Gottlieb, for respondent. American Transit et al., amici curiae. ABDUS-SALAAM, J. Thomas A. Torto, for appellant. David M. Gottlieb, for respondent. American Transit et al., amici curiae. ABDUS-SALAAM, J.: This appeal requires us to determine what proof a plaintiff medical provider must advance to make a prima facie showing of

  2. Motor Vehicle Accident Indemnification Corp. v. Aetna Casualty & Surety Co.

    89 N.Y.2d 214 (N.Y. 1996)   Cited 410 times
    Holding that CPLR § 214 applies to a cause of action to recover payments of first-party benefits by the Motor Vehicle Accident Indemnification Corporation, a statutorily created body, against the insurer of a vehicle who denied no-fault coverage

  3. Dermatossian v. New York City Transit Authority

    67 N.Y.2d 219 (N.Y. 1986)   Cited 517 times
    Stating that under Section 5106, "insurers are obliged to honor [the claim] promptly or suffer the statutory penalties"

  4. Hospital v. Travelers Prop

    2007 N.Y. Slip Op. 9067 (N.Y. 2007)   Cited 179 times
    In Hospital for Joint Diseases, the assignment of benefits form was drawn to the benefit of the plaintiff "Hospital for Joint Diseases," whereas in the present case the subject assignment of benefits form is drawn to the benefit of an entirely different entity than this plaintiff who now seeks to benefit from the assignment.

  5. Portfolio Recovery v. King

    2010 N.Y. Slip Op. 3470 (N.Y. 2010)   Cited 143 times   2 Legal Analyses
    Holding that, where a claim has been assigned, a court should look to the residence of the assignor to determine the place of accrual for purposes of the borrowing statute

  6. Montgomery v. Daniels

    38 N.Y.2d 41 (N.Y. 1975)   Cited 376 times
    Finding the statute to be constitutional

  7. Aetna Life & Casualty Co. v. Nelson

    67 N.Y.2d 169 (N.Y. 1986)   Cited 197 times
    Holding that a claim accrues when "all of the facts necessary to the cause of action have occurred so that the party would be entitled to obtain relief in court"

  8. New York & Presbyterian Hosp. v. Country-Wide Ins. Co.

    2011 N.Y. Slip Op. 7149 (N.Y. 2011)   Cited 52 times

    2011-10-13 NEW YORK AND PRESBYTERIAN HOSPITAL, as Assignee of Joaquin Benitez, Respondent, v. COUNTRY–WIDE INSURANCE COMPANY, Appellant. Thomas Torto, New York City, and Jaffe & Koumourdas, LLP, for appellant. Joseph Henig, P.C., Bellmore (Joseph Henig and Gregory Henig of counsel), for respondent. Chief Judge LIPPMAN and Judges CIPARICK Thomas Torto, New York City, and Jaffe & Koumourdas, LLP, for appellant. Joseph Henig, P.C., Bellmore (Joseph Henig and Gregory Henig of counsel), for respondent

  9. Allstate Ins. Co. v. Stein

    1 N.Y.3d 416 (N.Y. 2004)   Cited 57 times
    Holding that an insurer's action to recover from the tortfeasor amounts paid by the insurer in additional personal injury protection benefits above and beyond those mandated by no-fault law is not properly analyzed under CPLR § 214; because the benefits were contractual, not required by statute, the claim was properly analyzed as one for subrogation

  10. Gurnee v. Aetna Life & Casualty Co.

    55 N.Y.2d 184 (N.Y. 1982)   Cited 110 times   1 Legal Analyses
    In Gurnee v Aetna Life Cas. Co. (55 NY2d 184, 193, cert denied 459 US 837), the Court of Appeals recognized, albeit in dicta, that the six-year statute of limitations, as provided in CPLR 213, applied to a cause of action based upon wrongfully withheld first-party benefits.

  11. Section 65-2.2 - Obligations of self-insurers

    N.Y. Comp. Codes R. & Regs. tit. 11 § 65-2.2   Cited 6 times

    (a) In accordance with the provisions of article 51 of the New York Insurance Law and this Part, a self-insurer shall pay first-party benefits to reimburse for basic economic loss sustained by an eligible injured person on account of personal injuries caused by an accident arising out of the use or operation of a motor vehicle within the United States of America, its territories or possessions, or Canada. (b) First-party benefits. First-party benefits, other than death benefits, are payments equal