26 Cited authorities

  1. Mas v. Two Bridges Associates

    75 N.Y.2d 680 (N.Y. 1990)   Cited 359 times
    Holding that in contribution, defendants with "common liability to plaintiff" are obliged to pay their "ratable part of the loss"
  2. Kuehne Nagel v. Baiden

    36 N.Y.2d 539 (N.Y. 1975)   Cited 562 times
    Holding that "facts appearing . . . which the opposing party does not controvert, may be deemed to be admitted"
  3. Hospital v. Travelers Prop

    2007 N.Y. Slip Op. 9067 (N.Y. 2007)   Cited 178 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.
  4. Teichman v. Community Hosp

    87 N.Y.2d 514 (N.Y. 1996)   Cited 214 times
    Stating that the “right of subrogation” was “formulated to prevent unjust enrichment” and “is based upon principles of equity and natural justice”
  5. Fair Price Med. v. Travelers

    10 N.Y.3d 556 (N.Y. 2008)   Cited 146 times
    In Fair Price, the New York Court of Appeals precluded an insurance company from defending a complaint seeking payment of a no-fault claim on the ground that the services charged were never provided.
  6. Bua v. Purcell & Ingrao, P.C.

    99 A.D.3d 843 (N.Y. App. Div. 2012)   Cited 120 times
    Barring lost profits claim where "plaintiff's contention that the alleged malpractice resulted in legally cognizable damages [was] conclusory and speculative inasmuch as it [was] premised on decisions that were within the sole discretion of the buyer"
  7. Viviane Etienne Med. Care, P.C. v. Country-Wide Ins. Co.

    114 A.D.3d 33 (N.Y. App. Div. 2013)   Cited 97 times

    2013-12-18 VIVIANE ETIENNE MEDICAL CARE, P.C., as assignee of Alem Cardenas, appellant, v. COUNTRY–WIDE INS. CO., respondent. Tsirelman & Valerio, P.C., Long Island City, N.Y. (Max Valerio of counsel), for appellant. Jaffe & Koumourdas, LLP, New York, N.Y. (Jean H. Kang of counsel), for respondent. REINALDO E. RIVERA Tsirelman & Valerio, P.C., Long Island City, N.Y. (Max Valerio of counsel), for appellant. Jaffe & Koumourdas, LLP, New York, N.Y. (Jean H. Kang of counsel), for respondent. REINALDO

  8. Jones Lang v. LeBoeuf, Lamb

    243 A.D.2d 168 (N.Y. App. Div. 1998)   Cited 140 times
    Indicating that because there were material issues of fact concerning the attorney's alleged negligence, the plaintiff's settlement of the underlying action did "not present an intervening cause so as to bar a malpractice action"
  9. Winkelmann v. Excelsior Ins. Co.

    85 N.Y.2d 577 (N.Y. 1995)   Cited 147 times   2 Legal Analyses
    Holding that the subrogated insurer may maintain an action against the alleged tortfeasor regardless of whether the insured had pursued its own claim and noting that "[i]t will be time enough to determine plaintiffs' rights vis-a-vis defendant's when and if it is determined that the third-party tortfeasor is unable to pay the remainder of their loss"
  10. 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
  11. Section 65-3.11 - Direct payments

    N.Y. Comp. Codes R. & Regs. tit. 11 § 65-3.11   Cited 134 times
    Providing for assignment