Key Takeaway
Appellate Term First Department rules CPLR doesn't apply to no-fault EBTs, reviving Zlatnick precedent that limits insurer discovery rights in medical provider cases.
Ralph Med. Diagnostics, PC v Mercury Cas. Co., 2014 NY Slip Op 24054 (App. Term 1st Dept. 2014)
Well, the CPLR does not apply to no-fault, according to the Appellate Term, First Department. Zlatnick has been revived, and treating healthcare practitioners do not have to sit and be asked about why the performed the billed for medical services.
For anyone who thinks you get nothing out of a physician EBT (except preclusion for no-shows), then you have never properly deposed a treating healthcare practitioner. I have two transcripts in my office where the treating healthcare practitioners tanked their cases. One said the injuries might not have been related to the injury (substantiating our radiologist’s review of the films); the other one said he never read the IME report that he disagreed with in his affidavit of merit. Before that, I remember a “Fee schedule expert” admitting at a deposition that she had no medical training and could not opine with a reasonable degree of coding certainty that the bills were improperly reduced.
So against that backdrop, I have to say the gentlemen on the fourth floor in Room 408 at 60 Centre Street just do not get it. Maybe, I just do not get it.
“In the realm of no-fault litigation, a defendant insurer “is not entitled to serve an EBT notice, in knee-jerk fashion … without demonstrating why responses to written interrogatories were somehow lacking. Any other result would … subvert the purpose of no-fault laws …, the prompt payment of first-party benefits … magnify the expense of litigation” (Vladimir Zlatnick, M.D., P.C. v Government Empls. Ins. Co., 2 Misc 3d at 353).”
The answer to Justice Markey’s riddle, which was resurrected in this case is simple: AAA arbitration. It is cheap, effective and quite lethal to the carriers. And the best part about it: there is no discovery.
This case will be at the Appellate Division.
Related Articles
- New York No-Fault Insurance Law
- EBT procedural requirements in no-fault cases
- Assignor EBT appearance requirements and sanctions
- CPLR 3212(f) relief limitations in discovery disputes
- NY EBT venue rules and undue hardship exceptions
Legal Update (February 2026): Since this 2014 post, New York’s no-fault fee schedules have undergone multiple revisions, and regulatory amendments may have affected EBT procedures and discovery practices in no-fault cases. Additionally, appellate decisions subsequent to Ralph Med. Diagnostics may have further refined the scope of discovery rights for insurers and healthcare providers. Practitioners should verify current procedural requirements and fee schedule provisions when handling similar discovery disputes.