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$5000 (Ins Law 5106[c]) cannot be manipulatedMarch 22, 2021

American Tr. Ins. Co. v Health Plus Surgery Ctr., LLC, 2021 NY Slip Op 01499 (1st Dept. 2021)

“Plaintiff is not entitled to de novo adjudication of the master arbitrator’s award in favor of defendant CitiMed Services, PA, because the award is less than $5,000 (Insurance Law § 5106[c]). The medical services provided to plaintiff’s insured were separate and distinct from each other, were billed separately and should not be combined to meet the $5,000 threshold for de novo review (Imperium Ins. Co. v Innovative Chiropractic Servs., P.C., 43 Misc 3d 137 [A], 2014 NY Slip Op 50697 [U] [App Term, 1st Dept 2014]).”

The biggest issue I have here is the citation to an Appellate Term case holding that Civil Court has jurisdiction over trial de novo-declaratory judgment actions. Under the current rules of the NY Court system, this is just wrong.

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