Skip to main content
And why would you not bring your case in Manhattan or the Bronx?
Prima Facie case

And why would you not bring your case in Manhattan or the Bronx?

By Jason Tenenbaum 8 min read

Key Takeaway

Central Nassau Diagnostic Imaging v GEICO case shows how providers can use admissions from notices to admit to establish prima facie cases for no-fault benefits.

This article is part of our ongoing prima facie case coverage, with 73 published articles analyzing prima facie case issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.

Central Nassau Diagnostic Imaging, P.C. v GEICO, 2010 NY Slip Op 20244 (App.Term 1st Dept. 2010)

I am going to annotate this opinion –

Here is the synopsis of the argument:

“On appeal, defendant argues that plaintiff could not rely upon defendant’s admissions resulting from its failure to respond to the notice to admit to establish plaintiff’s prima facie case. Defendant maintains that, notwithstanding the factual admissions resulting from its failure to respond to the notice to admit, plaintiff was required to call witnesses at trial to lay a foundation for the admission into evidence of the bills. Because plaintiff did not call any trial witnesses, defendant asserts that the complaint should have been dismissed, as plaintiff failed to establish entitlement to recover the assigned no-fault benefits. We disagree, and affirm.”

Here is the holding:

“laintiff’s requests for admissions were appropriate and defendant, by failing to respond to the notice to admit or seek other appropriate relief, is deemed to have admitted the facts on which plaintiff sought admissions. Because defendant admitted that the two bills attached to the notice were “true and accurate” copies of the bills received by defendant and that defendant has not paid those bills, plaintiff established its entitlement to recover the overdue assigned first-party no-fault benefits (see Mary Immaculate Hosp. v Allstate Ins. Co., 5 AD3d 742 ).”

The final nail in the coffin from this court:

“Our conclusion that a plaintiff-provider can use admissions obtained through a notice to admit to establish its entitlement to recover overdue assigned first-party no-fault benefits is consonant with the purposes underlying the No-Fault Law, which “were to ensure prompt compensation for losses incurred by accident victims without regard to fault or negligence, to reduce the burden on the courts and to provide substantial premium savings to New York motorists” (Medical Socy. of State v Serio, 100 NY2d 854, 860 ), as well as case law [*3]allowing a plaintiff-provider to establish its entitlement to such benefits based on admissions obtained from a defendant-insurer on interrogatories (see Fair Price Med. Supply, Inc. v St. Paul Travelers Ins. Co., 16 Misc 3d 8 ).”

The Appellate Term, Second Department gets slighted:

“To the extent Bajaj v Gen. Assur. (18 Misc 3d 25 ) can be read to support a contrary result, we decline to follow it.”

My thoughts:

Why would a plaintiff stipulate to anything if an unanswered notice to admit or Interrogatory #18 of a famous law firm’s discovery package is completely answered?

Admittedly, I suppose this decision makes sense and is correct on the law as Appellate Division authority exists right now.  As a practitioner, it just seems crazy that a provider can mail a piece of paper – it probably can even be a boulder that Fred Flintstone chizzled into – wave a wand and make its case through the statutorily mandated duties of an insurance carrier.  Blame the Appellate Division for this result.

But, I have to laugh at how allowing a medical provider to meet its prima facie case without calling a witness or relying on an insurance carrier’s admissions: “educe the burden on the courts and to provide substantial premium savings to New York motorists”.  It looks like the author of this per curiam opinion decided to hurl some of the left over salt from the stockpiles that New York City has at the conclusion of the winter season at Geico’s counsel’s open wounds.

ONE MORE THING

I was informed last night that I was actually referencing “interrogatory #8”, see supra.  I said “18”.  And yes, I have received many motions over the years explaining how my response to this famous interrogatory was deficient.

Legal Context

Why This Matters for Your Case

New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.

Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.

About This Topic

Prima Facie Case Requirements in New York

Establishing a prima facie case is the threshold burden that every plaintiff or moving party must meet. In no-fault practice, the standards for a prima facie case on summary judgment have been refined through extensive appellate litigation — covering the sufficiency of claim forms, proof of mailing, medical evidence, and the procedural prerequisites for establishing entitlement to benefits. These articles analyze what constitutes a prima facie showing across different claim types and the evidence required to meet or defeat that burden.

73 published articles in Prima Facie case

Keep Reading

More Prima Facie case Analysis

View all Prima Facie case articles

Common Questions

Frequently Asked Questions

What does 'prima facie case' mean in no-fault litigation?

In no-fault litigation, the provider or claimant bears the initial burden of establishing a prima facie case by submitting proof of the claim — including evidence that the services were provided, the claim was timely submitted, and the amount billed is correct. Once the prima facie case is established, the burden shifts to the insurer to demonstrate a valid defense, such as medical necessity denial, lack of coverage, or failure to appear for an EUO or IME.

Was this article helpful?

Attorney Jason Tenenbaum

About the Author

Jason Tenenbaum, Esq.

Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.

Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.

24+ years in practice 1,000+ appeals written 100K+ no-fault cases $100M+ recovered

Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.

New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.

If you need legal help with a prima facie case matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.

Filed under: Prima Facie case
Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

About the Author

Jason Tenenbaum

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

Discussion

Comments (7)

Archived from the original blog discussion.

J
JT Author
Thank you. I wanted to see if anyone knew what I was talking about!!
J
JT Author
By the way – this is the famous Interrog #8. QUESTION 8. State whether the Defendant received the bill and supporting documentation, which is referred to and annexed with the complaint in the instant action. (a) If so, state the date the bill was received. (b) State whether the bill has been paid, including the amount of such payment (c) If a partial payment or no payment was issued, state the reason for such. Mr. Famous – Let me see how well you really know the dynamics behind interrog #8. Historically, what has been my response when it is alleged that my answer to this interrogatory is deficient?
RZ
Raymond Zuppa
Come on now. The function of a Notice to Admit is clearly written in the CPLR which is statutory law. Stop lamenting when a court does what the legislature mandates that it do. Baja is ridiculous. Business records which the App Term could care less about as witnessed by recent decisions and formal judicial admissions have nothing in common. Let’s make this one up. The App Term 2nd would block every attempt for leave to appeal a notice to admit decision to the 2nd Dep’t because it knows that the law would be applied. What are you going to do when you get into a real court on a real case. Stop being a insurance attorney and be an attorney for goodness sake.
J
JT Author
Ray, what did I do to deserve that comment? I surely did not go on a tirade about how unfair Central Nassau was, and how Bajaj was the correct statement of law. I only lament about the respective burdens of proof, when New York is compared to every other PIP jurisdiction. Yet, in light of what the Appellate Divisions have held a prima facie case to be, I tend to believe Central Nassau is correct. I have tried plenty of real cases, as I believe you put it. I also have a general litigation practice. So, you should probably do some research before you start throwing barbs at me.
RZ
Raymond Zuppa
You can’t sue for minor injuries. So bills are supposed to be paid promptly. That’s the rationale behind the burdens. I know there’s plenty of fraud. I know better then anyone else. I prosecuted it. But there’s plenty of denials just to get out of paying. Do you want me to give illustrative examples. I will be doing that soon anyway. I’ll shoot you an advanced copy. Think of Katrina and the customers of that certain insurance company that were not walking on sunshine. Why not make it ultra difficult to collect on a claim and watch the denials sky rocket. (See App Term 2nd) To see the law twisted by this bane called No Fault just disgusts me. Sorry if I lose it. You are a good guy. Let’s get rid of No Fault. I say it’s a tax that goes directly to insurance companies. Many say its rife with fraud and I agree. Get rid of it instead of screwing up the law and the rules of evidence that were crafted by men of much greater intelligence then us. Evidence is beautiful. Insurance companies will not support that because no fault is profitable on both ends. Take the premium and deny the claim and get suits thrown out on threshold. Fraud is their justification. But I say get rid of it even though I make money from it because it is the right thing to do. 25k auto accident policy cases are not real. You try trying a case wherein a police officer shoots into a crowd and hits a kid on basketball scholarship and ends his career. (the expert says he had a good shot at the pros) While in school playing basketball he helped support his mother by running up and down the steps of the garden selling pretzels and soda. A kid that never did a bad thing his whole life. Walk in front of a Brooklyn Jury a month after Diallo and then talk to me about trying a case. But in the meantime I am sorry.
LR
Larry Rogak
I continue to assert that more consistent decisions in No-Fault litigation could be obtained through the use of a Magic 8-ball than through the current arrangements. Only a comedy-writing team on the par of Larry David and Mel Brooks could have come up with a “Unified Court System” in which the rules vary widely from county to county.
JM
Jerry Maline
Why don’t Defendant’s start to use the Notice to Admit to establish their Primae Facie? Am I missing something?

Legal Resources

Understanding New York Prima Facie case Law

New York has a unique legal landscape that affects how prima facie case cases are litigated and resolved. The state's court system includes the Civil Court (for claims up to $25,000), the Supreme Court (the primary trial court for unlimited jurisdiction), the Appellate Term (which hears appeals from lower courts), the Appellate Division (divided into four Departments, with the Second Department covering Long Island, Brooklyn, Queens, Staten Island, and several upstate counties), and the Court of Appeals (the state's highest court). Each court has its own procedural requirements, local rules, and case-assignment practices that can significantly impact the outcome of your case.

For prima facie case matters on Long Island, cases are typically filed in Nassau County Supreme Court (at the courthouse in Mineola) or Suffolk County Supreme Court (in Riverhead). No-fault arbitrations are heard through the American Arbitration Association, which assigns arbitrators throughout the metropolitan area. Workers' compensation claims go to the Workers' Compensation Board, with hearings at district offices across the state. Understanding which forum is appropriate for your case — and the specific procedural rules that apply — is essential for a successful outcome.

The procedural landscape in New York also includes important timing requirements that can affect your case. Most civil actions are subject to statutes of limitations ranging from one year (for intentional torts and claims against municipalities) to six years (for contract actions). Personal injury cases generally have a three-year deadline under CPLR 214(5), while medical malpractice claims must be filed within two and a half years under CPLR 214-a. No-fault insurance claims have their own regulatory deadlines, including 30-day filing requirements for applications and 45-day deadlines for provider claims. Understanding and complying with these deadlines is critical — missing a filing deadline can permanently bar your claim, regardless of how strong your case may be on the merits.

Attorney Jason Tenenbaum regularly practices in all of these venues. His office at 326 Walt Whitman Road, Suite C, Huntington Station, NY 11746, is centrally located on Long Island, providing convenient access to courts and offices throughout Nassau County, Suffolk County, and New York City. Whether you need representation in a no-fault arbitration, a personal injury trial, an employment discrimination hearing, or an appeal to the Appellate Division, the Law Office of Jason Tenenbaum, P.C. brings $24+ years of real courtroom experience to your case. If you have questions about the legal issues discussed in this article, call (516) 750-0595 for a free, no-obligation consultation.

New York's substantive law also presents distinct challenges. In motor vehicle cases, the no-fault system under Insurance Law Article 51 provides first-party benefits regardless of fault, but limits the right to sue for non-economic damages unless the plaintiff establishes a "serious injury" under one of nine statutory categories. This threshold — codified at Insurance Law Section 5102(d) — requires medical evidence showing more than a minor or subjective injury, and courts have developed detailed standards for each category. Fractures must be documented through imaging studies. Claims of permanent consequential limitation or significant limitation of use require quantified range-of-motion testing with comparison to norms. The 90/180-day category demands proof that the plaintiff was unable to perform substantially all of their usual daily activities for at least 90 of the 180 days following the accident.

In employment discrimination cases, the legal standards vary depending on whether the claim arises under state or local law. The New York State Human Rights Law employs a burden-shifting framework: the plaintiff must first establish a prima facie case by showing membership in a protected class, qualification for the position, an adverse employment action, and circumstances giving rise to an inference of discrimination. The burden then shifts to the employer to articulate a legitimate, non-discriminatory reason for its decision. If the employer meets this burden, the plaintiff must demonstrate that the stated reason is pretextual. The New York City Human Rights Law, by contrast, applies a broader standard, asking whether the plaintiff was treated less well than other employees because of a protected characteristic.

Free Consultation — No Upfront Fees

Injured on Long Island?
We Fight for What You Deserve.

Serving Nassau County, Suffolk County, and all of New York City. You pay nothing unless we win.

The Law Office of Jason Tenenbaum, P.C. has been fighting for the rights of injured New Yorkers since 2002. With over 24 years of experience handling personal injury, no-fault insurance, employment discrimination, and workers' compensation cases, Jason Tenenbaum brings the legal knowledge and courtroom experience your case demands. Every consultation is free and confidential, and we work on a contingency fee basis — meaning you pay absolutely nothing unless we recover compensation for you.

Available 24/7  ·  No fees unless you win  ·  Serving Long Island & NYC

Injured? Don't Wait.

Get Your Free Case Evaluation Today

No fees unless we win — available 24/7 for emergencies.

Call Now Free Review