VININGS SPINAL v. LIBERTY INS


186 Misc.2d 287 (2000)

717 N.Y.S.2d 466

VININGS SPINAL DIAGNOSTIC, P. C., as Assignee of SHARON CINCOTTA-HAYES, Plaintiff, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant.

District Court of Nassau County, First District.

October 10, 2000.


Attorney(s) appearing for the Case

Dash & Berger, Jericho, for plaintiff.

Carman, Callahan & Ingham, L. L. P., Farmingdale, for defendant.


OPINION OF THE COURT

KENNETH L. GARTNER, J.

The instant motion presents a novel legal issue of potential significance to the no-fault insurance system. This issue arises as part of a logical progression which commenced with the Court of Appeals decision in Presbyterian Hosp. v Maryland Cas. Co. (90 N.Y.2d 274 [1997]). The issue is: where an insurer, by reason of its...

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