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NYACK HOSP. v. GENERAL MOTORS

8 N.Y.3d 294 (2007)

864 N.E.2d 1279

832 N.Y.S.2d 880

NYACK HOSPITAL, as Assignee of ALLEN ZADWDYAS, Appellant, et al., Plaintiff, v. GENERAL MOTORS ACCEPTANCE CORPORATION et al., Respondents.

Court of Appeals of the State of New York.

Decided March 22, 2007.

Attorney(s) appearing for the Case

Joseph Henig, P.C., Bellmore (Joseph Henig and Gregory Henig of counsel), for appellant.

Freiberg & Peck, LLP, New York City (Craig J. Freiberg and Yilo J. Kang of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, SMITH and PIGOTT concur; Judge JONES taking no part.

OPINION OF THE COURT

READ, J.

We are asked in this no-fault action to decide whether an insurer that is waiting for information to verify a pending claim that causes aggregate claims to exceed $50,000 is prohibited by the priority-of-payment regulation (11 NYCRR 65-3.15) from paying already verified claims in the meantime. For the reasons that follow, we conclude that the priority-of-payment regulation does not...

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