PARK HEALTH v. FIN. ADJUSTING


186 Misc.2d 667 (2001)

719 N.Y.S.2d 841

PARK HEALTH CENTER, as Assignee of PAUL GAYWOOD, Plaintiff, v. UNITED FINANCIAL ADJUSTING COMPANY, Defendant.

Civil Court, Queens County.

January 2, 2001.


Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for plaintiff.

Bruno, Gerbino & Macchia, L. L. P., Melville (Danielle L. White of counsel), for defendant.


OPINION OF THE COURT

KEVIN J. KERRIGAN, J.

The question presented on this motion and cross motion, one of apparent first impression, is whether a no-fault health care provider who never filed an assumed name certificate with the Secretary of State has the legal authority, as a matter of standing, to bill an insurer for no-fault services rendered under that assumed name. For the reasons stated below, this...

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