Key Takeaway
Complex no-fault insurance statute of limitations case examining accrual dates, claim submission timing, and procedural errors in New York courts.
This article is part of our ongoing statute of limitations coverage, with 16 published articles analyzing statute of limitations 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.
Flatlands Acupuncture, P.C. v Fireman’s Fund Ins. Co., 2011 NY Slip Op 21133 (App. Term 2d Dept. 2011)
This case is so fraught with procedural errors from the parties that you have to wonder whether anyone thinks before they write
Anyway, here is the holding:
“There are, therefore, two methods to compute the accrual date in the case at bar: the first is measured, in part, from the last date on which written notice of the accident must be given to the insurer, and the second is measured, in part, from the date the services were rendered. Since the accident occurred on or about October 23, 2000, and the action was commenced on August 29, 2007, it is clear that plaintiff does not benefit by using the first computation method.
Free Consultation · No Fee Unless We Win
Does this apply to your situation?
Every case is different. Get a free, confidential case review from an experienced attorney who can tell you exactly where you stand.
Using the second computation method to ultimately arrive at the accrual dates, the calculations begin by determining when, at the latest, a claim form was required to be submitted for each service rendered. We note that the dates of the services for which plaintiff sought reimbursement ranged from October 27, 2000 through April 24, 2001. Plaintiff had 180 days from the date each service was rendered to timely submit a claim seeking reimbursement therefor, and defendant had 30 days from its receipt to either pay or deny such claim. Consequently, accepting the truth of plaintiff’s allegations that it timely submitted the claims and that defendant did not timely deny them, the accrual date, or the date that payment of no-fault benefits became overdue for each service for which reimbursement was sought, was, at the very latest, 210 days after each service was rendered, and plaintiff was required to bring its action within six years thereafter (CPLR 213 ).”
-
What is a prima facie case? It is the submission of a bill +thirty days elapsing from same. Question – why the heck are you going to allege that the bill was timely submitted? That is dumb. If that allegation were not present, then the complaint on its face could not be used to determine whether the statute of limitations expired. This would result in defendants motion being denied in its entirety,
-
How can you present a stamped bill in your moving papers without incorporating a pro forma affidavit stating that the bill was received on the date stamped on the bill? Unreal.
-
This is more proof that the current method of resolving motions in the Civil Courts, i.e., through “oral argument” without reading the papers is a complete failure. OCA is aware of this, but has refused to do anything about it.
Related Articles
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.
Keep Reading
More Statute of Limitations Analysis
Wrongful Death Statute of Limitations
Learn about wrongful death statute of limitations in New York.
Apr 15, 2025
NY CPLR 2004: Extensions of Time — The New York Practitioner's Guide
CPLR 2004 deadline extensions in New York: good cause, late opposition, the Calderone decision, and limits on service, post-trial and appeal deadlines.
Dec 17, 2024
Three year statute of limitations for common carriers in the First Department
First Department establishes 3-year statute of limitations for NYCTA no-fault claims. Expert transit accident legal analysis. Call Jason Tenenbaum 516-750-0595.
Mar 2, 2011
Single Motion Rule and Statute of Limitations: Long Island & NYC Legal Guide
Learn New York's single motion rule and statute of limitations in Chester Medical Diagnostic case.
Dec 23, 2009
Statute of Limitations – three versus six?
Jason Tenenbaum examines a curious amicus brief filing by American Transit Insurance Company in a statute of limitations case involving governmental entities.
Oct 13, 2017
Statute of Limitations defense was SOL
New York court rules on statute of limitations defense failure when defendant couldn't prove non-service despite claiming never receiving complaint.
Jul 7, 2014Was this article helpful?
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 statute of limitations 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.
