YELLIN v. LIBERTY MUT INS CO.


192 Misc.2d 285 (2002)

746 N.Y.S.2d 244

STEVEN YELLIN, as Assignee of DWAYNE DAVIS, Plaintiff, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant.

Civil Court, Queens County.

July 17, 2002.


Attorney(s) appearing for the Case

Bee, Eisman & Ready, LLP, Mineola (Michael R. Janes of counsel), for defendant.

Glinkenhouse, Floumanhaft & Queen, Far Rockaway (Philip S. Floumanhaft and John H. Hagelin of counsel), for plaintiff.


OPINION OF THE COURT

CHARLES J. MARKEY, J.

This case raises an issue of first impression in this state concerning the ability of a healthcare provider to bill and recover for professional services, performed under the no-fault insurance benefits statute, where he delegated a portion of the work to an aide in his office, while retaining active supervision.

Upon the foregoing papers, defendant Liberty Mutual Insurance Company (Liberty) moves to reargue...

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