13 Cited authorities

  1. Nurse Anesthetists v. Novello

    2 N.Y.3d 207 (N.Y. 2004)   Cited 313 times   2 Legal Analyses
    Holding that standing may not be based on "hypothesized harm," and that "[p]laintiff's speculation about the future course the Guidelines might take [i.e., the future injury their application might cause to plaintiff] cannot supply the missing ingredient of in-fact injury."
  2. 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"
  3. Simaee v. Levi

    22 A.D.3d 559 (N.Y. App. Div. 2005)   Cited 31 times

    2003-05258. October 11, 2005. In an action, inter alia, for a judgment declaring that the plaintiff has a one-third ownership interest in the defendant Ambulatory Surgery Center of Brooklyn, and to recover damages for breach of fiduciary duty, the plaintiff appeals, as limited by his notice of appeal and brief, from so much of an order of the Supreme Court, Kings County (Dabiri, J.), dated March 28, 2003, as granted those branches of the defendants' motion which were to dismiss the second, fourth

  4. Jeremy's v. Luchnick Trust

    22 A.D.3d 6 (N.Y. App. Div. 2005)   Cited 19 times

    4589, 4589A. July 7, 2005. APPEAL from orders of the Supreme Court, New York County (Marcy S. Friedman, J.), entered April 16, 2004 and April 19, 2004, respectively. The orders granted defendants' motion to dismiss the complaint, denied plaintiffs' cross motion for leave to amend the complaint, rescinded the parties' so-ordered stipulation and restored the summary holdover proceeding commenced by defendants to Civil Court. Herrick, Feinstein LLP, New York City ( Mara B. Levin and Jonathan Kline of

  5. State Farm v. Levin

    263 A.D.2d 233 (N.Y. App. Div. 2000)   Cited 13 times

    January 27, 2000 Appeal from a judgment of the Supreme Court (Lamont, J.), entered May 18, 1999 in Albany County, which dismissed petitioners' application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, seeking,inter alia, a declaration that the surcharge imposed pursuant to the Health Care Reform Act of 1996 does not constitute an indemnity payment which may be applied against an eligible person's basic economic loss benefit limits under no-fault motor

  6. Upper East Side Surgical, PLLC v. State Farm Ins. Co.

    2012 N.Y. Slip Op. 50184 (N.Y. Dist. Ct. 2012)

    CV-050076-10 02-02-2012 Upper East Side Surgical, PLLC A/A/O RITA R. MUNLYN, Plaintiff(s), v. State Farm Insurance Company, Defendant(s). Abrams, Fensterman, Fensterman, Eisman, Greenberg, Formato & Einiger, LLP The Law Firm of Kelly & Sheridan, LLP Terence P. Murphy REPRESENTATION: Abrams, Fensterman, Fensterman, Eisman, Greenberg, Formato & Einiger, LLP The Law Firm of Kelly & Sheridan, LLP Terence P. Murphy, J. The following named papers numbered 1 to 2 submitted on this motion on November 9,

  7. Section 65-3.11 - Direct payments

    N.Y. Comp. Codes R. & Regs. tit. 11 § 65-3.11   Cited 135 times
    Providing for assignment
  8. Section 68.5 - Health services not set forth in schedules

    N.Y. Comp. Codes R. & Regs. tit. 11 § 68.5   Cited 27 times

    If a professional health service is performed which is reimbursable under section 5102(a)(1) of the Insurance Law, but is not set forth in fee schedules adopted or established by the superintendent, and: (a) if the superintendent has adopted or established a fee schedule applicable to the provider, then the provider shall establish a fee or unit value consistent with other fees or unit values for comparable procedures shown in such schedule, subject to review by the insurer; or (b) if the superintendent

  9. Section 68.2 - Establishment of certain health provider schedules

    N.Y. Comp. Codes R. & Regs. tit. 11 § 68.2   Cited 4 times

    (a) After consultation with the chairman of the Workers' Compensation Board and the Commissioner of Health, the Superintendent of Insurance hereby establishes fee schedules for professional health services referred to in section 5102(a)(1) of the Insurance Law, and for which schedules have not been prepared and established by the chairman of the Workers' Compensation Board. The schedules for such professional health services, hereby adopted by the Superintendent of Insurance, are incorporated herein

  10. Section 86-4.40 - Computation of case-based rates of payment for licensed free-standing ambulatory surgery centers and hospital-based ambulatory surgery services

    N.Y. Comp. Codes R. & Regs. tit. 10 § 86-4.40   Cited 3 times

    (a) Medicaid reimbursement for ambulatory surgery services provided by licensed free-standing ambulatory surgical centers and hospital-based ambulatory surgery services shall be based upon a single payment schedule with a discrete price for each of the separate groupings of surgical procedures set forth in this section. (b) Reimbursement for ambulatory surgery services shall be based upon the Products of Ambulatory Surgery (PAS) classification system as defined in subdivision (o) of this section

  11. Section 400.18 - Statewide Planning and Research Cooperative System (SPARCS)

    N.Y. Comp. Codes R. & Regs. tit. 10 § 400.18   Cited 3 times

    (a) Definitions. For the purposes of this section, these terms shall have the following meanings: (1)Health care facilities shall mean facilities licensed under article 28 of the Public Health Law. (2)Identifying data elements shall mean those SPARCS data elements that, if disclosed without any restrictions on use or re-disclosure would constitute an unwarranted invasion of personal privacy. A list of identifying data elements shall be specified by the commissioner and will be made available publicly

  12. 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

  13. Section 755.1 - Ambulatory surgery definition

    N.Y. Comp. Codes R. & Regs. tit. 10 § 755.1

    An ambulatory surgery service is a service organized to provide those surgical procedures which need to be performed for safety reasons in an operating room on anesthetized patients requiring a stay of less than 24 hours' duration. These procedures do not include those outpatient surgical procedures which can be performed safely in a private physician's office or an outpatient treatment room. Ambulatory surgery services may be provided in a free-standing ambulatory surgery center or a hospital-based