Key Takeaway
Cuomo v Ferran upheld reargument in a Medicaid-recovery case involving dental buses. Read the procedural holding and distinguish it from no-fault law.
This article is part of our ongoing no-fault coverage, with 271 published articles analyzing no-fault 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.
Last reviewed: September 2026
The buses in Cuomo v Ferran were mobile dental offices. The State’s case concerned recovery of Medicaid funds, not payment of no-fault benefits. The procedural point was the court’s reconsideration of its earlier ruling.
Historical note: Cuomo v Ferran concerns Medicaid recovery, not no-fault benefits; today’s reargument framework is CPLR 2221(d), which addresses material overlooked or misapprehended on the earlier motion.
Why reargument was upheld
Cuomo v Ferran, 77 AD3d 698 (2d Dept 2010), upheld reargument because relevant facts and law had been overlooked or misapprehended. On reconsideration, the motion court granted the State summary judgment in its public-funds recovery action. The Appellate Division affirmed the judgment.
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The direct appeal from the intermediate order was dismissed because entry of judgment ended that direct appeal; the issues were reviewed through the judgment appeal. The State therefore retained its judgment despite dismissal of the direct order appeal.
Medicaid is the substantive setting
The opinion addressed the dental-bus operations and participation by a person excluded from Medicaid. Its public-funds recovery reasoning should not be recast as a no-fault billing rule. This page retains its historical category, but the case’s actual setting controls the analysis.
For motion practice, compare the cases below on late reargument and on a court reconsidering the merits without changing the outcome. This note does not assess present-day licensing requirements for mobile clinics.
Jason’s original comment
Jason’s original opening follows. The opinion’s substantive setting is Medicaid recovery despite this archive page’s retained No-Fault category.
This case takes mobile treatment to new speeds.
Connect to the Encyclopedia
- CPLR 2221: governing rule and related decisions
- Terio: late reargument while an appeal was pending
- Budoff: reargument granted without a different result
- Dookhie: answering an opponent’s new reply argument
- Provek: explaining an employment-date mistake
- Abrams: diligence after a missing witness was located
For review of a particular motion record or an attorney referral, contact the Law Office of Jason Tenenbaum.
Legal Context
Why This Matters for Your Case
New York's no-fault insurance system, established under Insurance Law Article 51, is one of the most complex insurance frameworks in the country. Every motorist must carry Personal Injury Protection coverage that pays medical expenses and lost wages regardless of fault, up to $50,000 per person.
But insurers routinely deny valid claims using peer reviews, EUO scheduling tactics, fee schedule reductions, and coverage defenses. The Law Office of Jason Tenenbaum has handled over 100,000 no-fault cases since 2002 — from initial claim submissions through arbitration before the American Arbitration Association, trials in Civil Court and Supreme Court, and appeals to the Appellate Term and Appellate Division. Jason Tenenbaum is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
His 2,353+ published legal articles on no-fault practice are cited by attorneys throughout New York. Whether you are dealing with a medical necessity denial, an EUO no-show defense, a fee schedule dispute, or a coverage question, this article provides the kind of detailed case-law analysis that helps practitioners and claimants understand exactly where the law stands.
About This Topic
New York No-Fault Insurance Law
New York's no-fault insurance system requires every driver to carry Personal Injury Protection (PIP) coverage that pays medical expenses and lost wages regardless of who caused the accident. But insurers routinely deny, delay, and underpay valid claims — using peer reviews, IME no-shows, and fee schedule defenses to avoid paying providers and injured claimants. Attorney Jason Tenenbaum has litigated thousands of no-fault arbitrations and court cases since 2002.
271 published articles in No-Fault
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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.
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