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

Brief

22 Cited authorities

  1. 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

  2. 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"

  3. Koerner v. State of New York

    62 N.Y.2d 442 (N.Y. 1984)   Cited 116 times
    Holding that the three-year statute of limitations applies to discrimination claims under the NYSHRL

  4. 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

  5. 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.

  6. Frank v. Travelers

    37 A.D.3d 775 (N.Y. App. Div. 2007)   Cited 44 times
    Applying the six-year statute of limitation for contractual obligations instead of the three-year statute of limitations for liabilities imposed by statute because "the inclusion of terms in an insurance contract, which might be mandated by various statutes or regulations, does not necessarily alter the fundamentally contractual nature of the dispute"

  7. Matter of Allstate Insurance Company v. Shaw

    52 N.Y.2d 818 (N.Y. 1980)   Cited 69 times
    In Allstate Ins. Co. v Shaw (52 NY2d 818 [1980]), this Court resolved the question whether self-insured entities were required to provide uninsured motorist benefits.

  8. Entzion v. Illinois Farmers Insurance

    675 N.W.2d 925 (Minn. Ct. App. 2004)   Cited 9 times
    In Entzion v. Illinois Farmers Ins Co, 675 NW2d 925, 929 (Minn App, 2004), the court concluded that the period of limitations on a no-fault benefits claim did not begin to run until the insurer denied benefits.

  9. In re Gee

    107 A.D.3d 1559 (N.Y. App. Div. 2013)

    2013-06-14 In The Matter of the Arbitration Between Jeffrey GEE and Jamaica Gee, Petitioners–Appellants, and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent–Respondent. The Golden Law Firm, Utica (B. Brooks Benson of Counsel), for Petitioners–Appellants. Barth Sullivan Behr, Buffalo (Laurence D. Behr of Counsel), for Respondent–Respondent. The Golden Law Firm, Utica (B. Brooks Benson of Counsel), for Petitioners–Appellants. Barth Sullivan Behr, Buffalo (Laurence D. Behr of Counsel), for

  10. Guercio v. Hertz Corp.

    40 N.Y.2d 680 (N.Y. 1976)   Cited 36 times
    In Guercio the lessee, in a prior action, was barred from suing Hertz under the doctrine of imputed contributory negligence, a defense no longer recognized in New York. See Kalechman v. Drew Auto Rental, 33 N.Y.2d 397, 353 N YS.2d 414, 308 N.E.2d 886 (N.Y. 1974).

  11. Section 541.05 - VARIOUS CASES, SIX YEARS

    Minn. Stat. § 541.05   Cited 569 times   8 Legal Analyses
    Providing a six-year limitation period for negligence claims and a four-year limitation period for strict-liability claims