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GOLDBERG v. CORCORAN

153 A.D.2d 113 (1989)

Donald D. Goldberg et al., Appellants, v. James P. Corcoran, as Superintendent of The Insurance Department of the State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 29, 1989

Attorney(s) appearing for the Case

Kolodny & Bonomo (Anthony J. Bonomo of counsel), for appellants.

Robert Abrams, Attorney-General (Marcie S. Mintz of counsel), for respondent.

MOLLEN, P. J., BRACKEN and RUBIN, JJ., concur.

SULLIVAN, J.

In this action for a declaratory judgment, the plaintiffs challenge the constitutionality of Insurance Law § 5108 insofar as it limits the amount that a provider of health services may demand or request in payment for services rendered under Insurance Law article 51, the Comprehensive Motor Vehicle Insurance Reparations Act, commonly referred to as "no-fault". For the reasons that follow, we...

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