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

Brief

27 Cited authorities

  1. Pommells v. Perez

    4 N.Y.3d 566 (N.Y. 2005)   Cited 2,058 times
    Holding that a plaintiff's claim survived summary judgment when her doctor stated that she had suffered severe and permanent injuries and that opinion was supported by measurements of loss of range of motion and an MRI revealing herniated discs

  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. Matter of Medical Society of the State v. Serio

    100 N.Y.2d 854 (N.Y. 2003)   Cited 249 times
    Holding that a provision in New York Insurance Law providing that “[t]he superintendent shall have the power to prescribe and from time to time withdraw or amend, in writing, regulations, not inconsistent with the provisions of [the Insurance Law] ... does not cede to the executive branch fundamental legislative or policymaking authority, which remains at all times with the Legislature”

  5. Montgomery v. Daniels

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

  6. 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"

  7. Walton v. Lumbermens Mut. Co.

    88 N.Y.2d 211 (N.Y. 1996)   Cited 92 times   2 Legal Analyses
    Holding that the legislative purpose of New York's No-Fault Laws is "to establish a quick, sure and efficient system for obtaining compensation for economic loss suffered as a result of such accidents"

  8. 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.

  9. Becker v. Huss Co.

    43 N.Y.2d 527 (N.Y. 1978)   Cited 110 times
    In Becker v. Huss Co., Inc., 43 N.Y.2d 527, 402 N.Y.S.2d 980, 373 N.E.2d 1205 (1978), the Court of Appeals addressed the retroactivity of an amendment to Section 29 of the Workers Compensation Law requiring a workers' compensation lienor to contribute to an employee's expenses in securing a third-party recovery.

  10. Perez–Hernandez v. M. Marte Auto Corp.

    104 A.D.3d 489 (N.Y. App. Div. 2013)   Cited 27 times

    2013-03-14 Luis Francisco PEREZ–HERNANDEZ, Plaintiff–Respondent, v. M. MARTE AUTO CORP., et al., Defendants–Appellants. Skenders & Cornacchia, P.C., Long Island City (Louis T. Cornacchia, III, of counsel), for appellants. Kravet, Hoefer & Maher, P.C., Bronx (John A. Maher of counsel), for respondent. GONZALEZ Skenders & Cornacchia, P.C., Long Island City (Louis T. Cornacchia, III, of counsel), for appellants. Kravet, Hoefer & Maher, P.C., Bronx (John A. Maher of counsel), for respondent. GONZALEZ

  11. Section 5102 - Definitions

    N.Y. Ins. Law § 5102   Cited 10,112 times   1 Legal Analyses
    Providing the cause of action

  12. Section 5103 - Entitlement to first party benefits; additional financial security required

    N.Y. Ins. Law § 5103   Cited 213 times

    (a) Every owner's policy of liability insurance issued on a motor vehicle in satisfaction of the requirements of article six or eight of the vehicle and traffic law shall also provide for; every owner who maintains another form of financial security on a motor vehicle in satisfaction of the requirements of such articles shall be liable for; and every owner of a motor vehicle required to be subject to the provisions of this article by subdivision two of section three hundred twenty-one of the vehicle

  13. Section 65-3.9 - Interest on overdue payments

    N.Y. Comp. Codes R. & Regs. tit. 11 § 65-3.9   Cited 128 times

    (a) All overdue mandatory and additional personal injury protection benefits due an applicant or assignee shall bear interest at a rate of two percent per month, calculated on a pro-rata basis using a 30-day month. When payment is made on an overdue claim, any interest calculated to be due in an amount exceeding $5 shall be paid to the applicant or the applicant's assignee without demand therefor. (b) The insurer shall not suggest or require, as a condition to settlement of a claim, that the interest

  14. Section 65-4.6 - Limitations on attorney's fees pursuant to section 5106 of the Insurance Law

    N.Y. Comp. Codes R. & Regs. tit. 11 § 65-4.6   Cited 109 times

    The following limitations shall apply to the payment by insurers of applicants' attorney's fees for services necessarily performed in the resolution of nofault disputes: (a) If an arbitration was initiated or a court action was commenced by an attorney on behalf of an applicant and the claim or portion thereof was not denied or overdue at the time the arbitration proceeding was initiated or the action was commenced, no attorney's fees shall be granted. (b) If the claim is resolved by the designated

  15. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation