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

Brief

55 Cited authorities

  1. Presbyterian Hospital v. Maryland Casualty Co.

    90 N.Y.2d 274 (N.Y. 1997)   Cited 489 times
    Stating no-fault's prompt payment of uncontested first party benefits "is part of the price paid to eliminate common law contested actions"

  2. Sharp v. Kosmalski

    40 N.Y.2d 119 (N.Y. 1976)   Cited 825 times   1 Legal Analyses
    Finding confidential relationship existed between transferor and transferee

  3. Vigilant Ins v. Housing Auth

    87 N.Y.2d 36 (N.Y. 1995)   Cited 433 times
    Holding that “[c]ourts must look to the underlying claim and the nature of the relief sought to determine the applicable period of limitation [to a declaratory judgment action] * * *”, and that “a court's inquiry focuses on ‘the substance of action to identify the relationship out of which the claim arises and the relief sought’ * * *.” (quoting Solnick, 49 N.Y.2d at 229, 425 N.Y.S.2d 68, 401 N.E.2d 190)

  4. 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

  5. Flores v. Lower E. Side Serv

    4 N.Y.3d 363 (N.Y. 2005)   Cited 304 times   1 Legal Analyses
    Holding that an "unsigned contract may be enforceable"

  6. 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"

  7. General Accident Insurance Group v. Cirucci

    46 N.Y.2d 862 (N.Y. 1979)   Cited 259 times   1 Legal Analyses
    Requiring specificity as to grounds for disclaimer

  8. 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"

  9. Elrac, Inc. v. Ward

    96 N.Y.2d 58 (N.Y. 2001)   Cited 115 times
    Holding that anti-subrogation principles apply to both self-insurers and insurance companies

  10. Matter of McKenna v. County of Nassau

    61 N.Y.2d 739 (N.Y. 1984)   Cited 114 times

    Decided January 17, 1984 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEO F. McGINITY, J. Edward G. McCabe, County Attorney ( Robert O. Boyhan of counsel), for appellant. Marc D. Matles for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed, with costs. The errors alleged by the County of Nassau on the motion to vacate the prior judgment do not constitute grounds for relief under CPLR 5015. Special Term abused its discretion

  11. Section 65-3.1 - Applicability

    N.Y. Comp. Codes R. & Regs. tit. 11 § 65-3.1   Cited 11 times

    The following are rules for the settlement of claims for first-party and additional first-party benefits on account of injuries arising out of the use or operation of a motor vehicle, a motorcycle or an all-terrain vehicle. These rules shall apply to insurers and self-insurers, and the term insurer, as used in this section, shall include both insurers and self-insurers as those terms are defined in this Part and article 51 of the Insurance Law, the Motor Vehicle Accident Indemnification Corporation

  12. 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

  13. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review