Assignment of Benefits NY – When Patients Can Still Sue Despite AOB
Learn when NY patients retain standing to sue despite assignment of benefits. AOB exceptions and legal requirements. Call 516-750-0595 for expert help.
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14 articles by Jason Tenenbaum, Esq.
Business records again
New York court ruling demonstrates critical requirements for business records admissibility when assignees lack knowledge of original recordkeeper's practices and procedures.
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An AOB is not necessary at all
Court rules Assignment of Benefits not required for no-fault claims prima facie case. Defendants must properly raise AOB issues first before inquiry permitted.
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Unpreserved and without merit
New York court rules on assignment of benefits standing requirements in no-fault insurance case, discussing "on file" statements and claim form requirements.
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Assignment not necessary to make a prima facie case in an assigned first-party action; Prima Facie case
Urban Radiology v GEICO: Assignment of benefits not required for prima facie case in first-party no-fault actions. Court clarifies trial vs summary judgment standards.
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Assignment valid during unresolved lawsuit
Court rules that valid assignment of mortgage note after lawsuit commencement creates proper basis for plaintiff substitution and caption amendment under CPLR rules.
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Standing in a direct first party case is waivable
Court rules standing defense waivable in no-fault insurance cases when not properly raised in answer or pre-answer motion, emphasizing proper pleading procedures.
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Spell it out in the affidavit
Court ruling highlights that attorney affirmations without personal knowledge lack probative value in no-fault insurance verification disputes.
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Motion seeking leave to amend the answer to seek affirmative defense of lack of standing is proper
Learn when New York courts allow motions to amend pleadings to assert standing and capacity defenses. Expert analysis of Aurora Loan Services v Thomas case. Call (516) 750-0595.
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Proving standing without an assignment?
Learn about proving standing in New York foreclosure cases without assignment. Key legal precedents and defense strategies for Long Island homeowners.
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It is Standing Again
Analysis of standing requirements in foreclosure vs no-fault insurance cases, examining retroactive assignments and legal interest requirements under NY law.
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on file"
Learn about NY signature on file requirements for assignment of benefits forms. Expert analysis of verification procedures and no-fault insurance law.
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Assignments and business records – a deadly combination
Expert analysis of NY business records exception and assignment of benefits requirements. Learn how to avoid costly procedural pitfalls in Long Island and NYC courts.
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Standing – the Defense Applied Outside the No-Fault Arena
Learn how legal standing requirements differ between no-fault insurance and traditional litigation in New York. Expert analysis from experienced NYC and Long Island attorneys.
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