MATTER OF ANDERSON


119 Misc.2d 248 (1983)

In the Matter of The Estate of Carl Anderson, Deceased.

Surrogate's Court, Saratoga County.

May 20, 1983


Attorney(s) appearing for the Case

Hoffman & Stockholm (Jeffrey E. Stockholm of counsel), for Eden Park Health Services, Inc., claimant. James C. Straney for administrator. Robert Abrams, Attorney-General (Donald P. Segal of counsel), for Office of State Comptroller.


ROBERT F. DORAN, J.

In deciding this claim against the estate by Eden Park Health Services, Inc., the court is confronted with a novel issue. Does a provider of medical services which has been receiving direct payment of no-fault benefits from a patient's insurer have the right to settle a dispute with the insurer without notice to the patient or his estate and thereafter sue the patient or his estate for the balance due, where the release settling the...

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