FAIR PRICE MEDICAL SUPPLY CORP., as Assignee of CESAR NIVELO, Respondent,
v.
TRAVELERS INDEMNITY COMPANY, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued April 30, 2008.
Decided June 5, 2008.
Attorney(s) appearing for the Case
Law Offices of Karen C. Dodson, New York City (Carol R. Finocchio of counsel), for appellant.
Law Office of Alden Banniettis, Brooklyn (Jeff Henle of counsel), for respondent.
Short & Billy, P.C., New York City (Skip Short of counsel), for New York Central Mutual Fire Insurance Company and others, amici curiae.
Rivkin Radler LLP, Uniondale (Evan H. Krinick, Cheryl F. Korman, Barry I. Levy, Stuart M. Bodoff and Max Gershenoff of counsel), for New York Insurance Association, Inc., amicus curiae.
Chief Judge KAYE and Judges CIPARICK, GRAFFEO and JONES concur with Judge READ; Judge SMITH dissents in a separate opinion in which Judge PIGOTT concurs.
Court of Appeals of the State of New York.
OPINION OF THE COURT
READ, J.
Cesar Nivelo was injured on May 8, 2001 when the car that he was driving was rear-ended. On May 9, 2001, a chiropractor prescribed certain durable medical equipment and orthotic appliances to alleviate his pain and speed his recovery; on June 18, 2001, a physiatrist prescribed additional orthopedic devices and portable physiotherapeutic equipment for Nivelo. Plaintiff Fair Price Medical...
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