Viviane Etienne Medical Care, P.C. v Country-Wide Ins. Co., 2011 NY Slip Op 77673(U) (Motion No: 2011-04221)(2d Dept. 2011)
Lower decision citation: Viviane Etienne Medical Care, P.C. v. Country-Wide Ins. Co., 31 Misc.3d 21 (App. Term 2d, 11th & 13th Jud. Dis. 2011).
This was the case, if you recall, where the Appellate Term, Second Department for the first time construed Carothers v. Geico, 79 AD3d 864 [2d Dept 2010]). I have this gut feeling the Appellate Division is going to reverse the Appellate Term this time.
2 Responses
JT I belive you may be right. The Second Department has never been big on the Dan Medical line of cases. To support a prima facie case they repeatedly cite Mary Immaculate Hospital and routninely allow hospitals to establish a prima facie case through third-party billers.
You mean the Appellate Division is going to restore the “Law” to the term “No Fault Law”