Vega v. Restani Constr. Corp.
2012 N.Y. Slip Op. 1148 (N.Y. 2012) Cited 2,797 times 1 Legal AnalysesAffirming denial of summary judgment
Forrest v. Jewish Guild
3 N.Y.3d 295 (N.Y. 2004) Cited 1,321 times 1 Legal AnalysesHolding that the McDonnell Douglas framework applies to discriminatory discharge claims brought pursuant to the NYSHRL
Viviane Etienne Med. Care, P.C. v. Country-Wide Ins. Co.
2015 N.Y. Slip Op. 4787 (N.Y. 2015) Cited 448 timesNo. 75 06-10-2015 Viviane Etienne Medical Care, P.C., as assignee of Alem Cardenas, Respondent, v. Country-Wide Ins. Co., Appellant. Thomas A. Torto, for appellant. David M. Gottlieb, for respondent. American Transit et al., amici curiae. ABDUS-SALAAM, J. Thomas A. Torto, for appellant. David M. Gottlieb, for respondent. American Transit et al., amici curiae. ABDUS-SALAAM, J.: This appeal requires us to determine what proof a plaintiff medical provider must advance to make a prima facie showing of
Central General Hospital v. Chubb Group of Insurance
90 N.Y.2d 195 (N.Y. 1997) Cited 536 timesHolding that an insurer may assert a defense based upon the "fact or founded belief that the alleged injury does not arise out of an insured incident."
Presbyterian Hospital v. Maryland Casualty Co.
90 N.Y.2d 274 (N.Y. 1997) Cited 489 timesStating no-fault's prompt payment of uncontested first party benefits "is part of the price paid to eliminate common law contested actions"
Dermatossian v. New York City Transit Authority
67 N.Y.2d 219 (N.Y. 1986) Cited 517 timesStating that under Section 5106, "insurers are obliged to honor [the claim] promptly or suffer the statutory penalties"
Burgos v. Aqueduct Realty Corp.
92 N.Y.2d 544 (N.Y. 1998) Cited 328 times 2 Legal AnalysesIn Burgos, in contrast, the court found that summary judgment was not appropriate despite the intruder requirement because "the plaintiff in her affidavit stated that she did not recognize her assailants, although she lived in a relatively small building and was familiar with all of the building's tenants and their families."
Schneider v. Kings Highway Hospital Center
67 N.Y.2d 743 (N.Y. 1986) Cited 351 timesFinding plaintiff established prima facie case through evidence that it was more likely that hospital worker rather than plaintiff lowered guardrails on hospital bed
Hospital v. Travelers Prop
2007 N.Y. Slip Op. 9067 (N.Y. 2007) Cited 179 timesIn 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.
Justinian Capital SPC ex rel. Portfolio v. Westlb AG
2016 N.Y. Slip Op. 7047 (N.Y. 2016) Cited 122 times 4 Legal AnalysesHolding assignment of notes was champertous where its "impetus ... was [the assignee's] desire to sue [defendant] for causing the notes' decline in value and not be named as the plaintiff in the lawsuit"
Section 5106 - Fair claims settlement
N.Y. Ins. Law § 5106 Cited 1,294 times 1 Legal Analyses(a) Payments of first party benefits and additional first party benefits shall be made as the loss is incurred. Such benefits are overdue if not paid within thirty days after the claimant supplies proof of the fact and amount of loss sustained. If proof is not supplied as to the entire claim, the amount which is supported by proof is overdue if not paid within thirty days after such proof is supplied. All overdue payments shall bear interest at the rate of two percent per month. If a valid claim
Section 65-3.16 - Measurement of no-fault benefits
N.Y. Comp. Codes R. & Regs. tit. 11 § 65-3.16 Cited 148 times 1 Legal AnalysesStating that " provider of health care services is not eligible for reimbursement . . . if the provider fails to meet any applicable New York State or local licensing requirement necessary to perform such service in New York"