Why Trust This Analysis
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.
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)
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“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.
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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
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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.
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.
