Key Takeaway
NY Second Department makes prima facie cases nearly impossible for medical providers. Expert analysis of no-fault litigation challenges. Call 516-750-0595.
The Challenge of Proving Prima Facie Cases on Summary Judgment in New York No-Fault Litigation
Medical providers throughout Long Island, Queens, Brooklyn, Manhattan, and the Bronx face an increasingly difficult landscape when seeking summary judgment in no-fault insurance disputes. The Second Department’s Appellate Term has created what many legal practitioners describe as an almost insurmountable burden for plaintiffs attempting to establish prima facie cases on summary judgment motions.
This development has significant implications for healthcare providers seeking to recover unpaid no-fault benefits, as the path to quick resolution through summary judgment has become extraordinarily narrow. Understanding these challenges is crucial for medical practices navigating the complex world of New York’s no-fault insurance system.
The Growing Pattern of Prima Facie Difficulties
For those aspiring writers out there, you could put together a decent law journal article in less than 4 hours based upon the near impossibility of plaintiffs’ ability to make a prima facie case on summary judgment in the lower courts in the Second Department.
Avenue I Med., P.C. v GEICO Indem. Co., 2012 NY Slip Op 52399(U)(App. Term 2d Dept. 2012);
Brooklyn Hgts. Physical Therapy, P.C. v New York Cent. Mut. Fire Ins. Co., 2012 NY Slip Op 52398(U)(App. Term 2d Dept. 2012)
And now Hennig’s residual troubles with proving prima facie in District Court:
NYU-Hospital for Joint Diseases v American Tr. Ins. Co., 2012 NY Slip Op 52387(U)(App. Term 2d Dept. 2012)
Lenox Hill Hosp. v Tower Ins. Co. of N.Y., 2012 NY Slip Op 52391(U)(App. Term 2d Dept. 2012)
I have to imagine that the folks at AAA must like when they see decisions like this. The only alternative to this (besides trying ever case) would be to file in the First Department; yet, the calendar backups out there are atrocious. I would say file upstate, but then you will get a forum non conviens motion which will probably get granted. One could say that the courts (through 5 year adjournments) and the Appellate Term have done what the Legislature has been unable to do.
Contact us at 516-750-0595 for a comprehensive evaluation of your no-fault insurance matters. We serve medical providers throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and the entire New York metropolitan area.
Related Articles
- Understanding Prima Facie Cases in New York No-Fault Insurance Law
- Prima Facie Case Requirements in NY No-Fault Insurance: Avoiding the Omni Chiropractic Mistake
- Carothers v. Geico: The No-Fault Business Records Showdown
- Fourth Department discusses what constitutes a prima facie case for the first time in a decade
- New York No-Fault Insurance Law
