Key Takeaway
New York no-fault insurance statute of limitations analysis: when causes of action accrue and collateral estoppel defense strategies in medical provider cases.
Sheepshead Bay Oral Surgery, PLLC v Unitirin Direct Ins. Co., 2019 NY Slip Op 52028(U)(App. Term 2d Dept. 2019)
I think the standard of law would be the lesser of thirty-days after receipt or the date a denial is issued.
” Defendant demonstrated that plaintiff’s cause of action accrued 30 days after defendant received plaintiff’s claim and plaintiff did not rebut that showing (see DJS Med. Supplies, Inc. v Clarendon Natl. Ins. Co., 32 Misc 3d 129, 2011 NY Slip Op 51304 ). As a result, plaintiff’s cause of action was not timely commenced (see CPLR 213 ; DJS Med. Supplies, Inc., 32 Misc 3d 129, 2011 NY Slip Op 51304). “
I also liked this line: ” Plaintiff’s contention that defendant should be collaterally estopped from asserting a [*2]statute of limitations defense lacks merit since, among other things, the Civil Court order upon which plaintiff relies denied a motion by defendant and was not a conclusive final determination”
Too many attorneys play “fast and loose” with concepts of law to trick judges and others. This is a prime example. Everyone knows or should know that CE only applies to a final determination. While we are at it, law of the case does not apply to pre-answer motions or applications for an injunction.
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Frequently Asked Questions
What is New York's no-fault insurance system?
New York's no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. This pays for medical expenses and lost wages regardless of who caused the accident, up to policy limits. However, you can only sue for additional damages if you meet the 'serious injury' threshold.
