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NYACK HOSP. v. GMAC

27 A.D.3d 96 (2005)

808 N.Y.S.2d 399

NYACK HOSPITAL, as Assignee of ALLEN ZADWYDAS, et al., Appellants, v. GENERAL MOTORS ACCEPTANCE CORPORATION et al., Respondents.

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

December 27, 2005.

Attorney(s) appearing for the Case

Joseph Henig, P.C., Bellmore, for appellants.

Freiberg & Peck, LLP, New York City (Craig J. Freiberg and Matthew E. Schaefer of counsel), for respondents.

S. MILLER, RIVERA and FISHER, JJ., concur.

OPINION OF THE COURT

COZIER, J.

The issue before us is whether an insurer violates 11 NYCRR 65-3.15, the insurance regulation governing priority of payments, by paying no-fault claims of other health providers for services rendered following the assignee's initial treatment where such claims are submitted after the assignee's initial claim and while verification of the assignee's initial claim is pending...

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