Key Takeaway
Second Department court ruling in Flatlands Med. v Allstate shows strict prima facie requirements for no-fault insurance summary judgment motions under CPLR 3212(g).
The Challenge of Prima Facie Cases in New York’s Second Department
No-fault insurance litigation in New York presents unique challenges depending on which appellate department handles your case. The Second Department has developed a reputation for strict interpretation of prima facie requirements in summary judgment motions under CPLR 3212(g), making it increasingly difficult for healthcare providers to obtain favorable rulings against insurance companies.
The Flatlands Med. decision exemplifies this trend, where even proving non-payment wasn’t sufficient to establish a prima facie case. This contrasts sharply with approaches seen in other departments, where courts have been more receptive to different applications of prima facie standards.
Jason Tenenbaum’s Analysis:
Flatlands Med., P.C. v Allstate Ins. Co., 2012 NY Slip Op 50582(U)(App. Term 2d Dept. 2012)
“Although plaintiff established that defendant had not paid plaintiff’s claims, plaintiff failed to show that the claims had not been denied within 30 days or that the basis for the denials was conclusory, vague or had no merit as a matter of law. Consequently, plaintiff did not establish its prima facie entitlement to judgment as a matter of law”
I just do not know how a Plaintiff in the Second Department can obtain 3212(g) relief. It seems to me that prima facie may be an all or nothing proposition nowadays in the Second Department.
Key Takeaway
The Flatlands Med. ruling demonstrates the Second Department’s stringent approach to prima facie cases in no-fault litigation. Simply proving non-payment is insufficient—plaintiffs must also establish either untimely denial or that denial reasons lack merit as a matter of law, creating a high bar for summary judgment relief.
This decision continues a pattern of challenging prima facie determinations that healthcare providers face when litigating against insurance companies in the Second Department, where denial documents play a crucial role in establishing the strength of a plaintiff’s case.
Legal Update (February 2026): Since this 2012 analysis, New York’s appellate departments have continued to develop their interpretations of prima facie requirements under CPLR 3212(g), with potential modifications to summary judgment standards in no-fault cases. The Department of Financial Services has also issued updated regulations and interpretive guidance that may affect how courts evaluate insurance company denial practices and timing requirements. Practitioners should verify current appellate precedents and regulatory provisions when pursuing summary judgment motions in no-fault insurance litigation.
