AIU INS. CO. v. DEAJESS MED. IMAGING, P.C.

011935/05

2009 NY Slip Op 29079

AIU INSURANCE COMPANY, AMERICAN HOME ASSURANCE COMPANY, NEW HAMPSHIRE INSURANCE COMPANY, EAGLE INSURANCE COMPANY, NEWARK INSURANCE COMPANY AND LION INSURANCE COMPANY, Plaintiffs, v. DEAJESS MEDICAL IMAGING, P.C., BOSTON POST ROAD MEDICAL IMAGING, P.C., PREFERRED MEDICAL IMAGING, P.C., MRI GLOBAL IMAGING SERVICES, INC., A/K/A AND/OR D/B/A MRI FORUMS, ROBERT SCOTT SCHEPP, M.D., HILLEL SHER, ABC CORPORATIONS 1 THROUGH 20 AND JOHN DOES 1 THROUGH 20, Defendants. THE PROGRESSIVE GROUP OF INSURERS, ET AL, CONSOLIDATED Plaintiffs, ROBERT SCOTT SCHEPP, M.D., ET AL CONSOLIDATED Defendants. DEAJESS MEDICAL IMAGING, P.C., ET AL, DECLARATORY JUDGMENT Plaintiffs, ALLSTATE INSURANCE COMPANY, ET AL DECLARATORY JUDGMENT Defendants.,

Supreme Court of the State of New York, Nassau County.

Decided February 10, 2009.


STEPHEN A. BUCARIA, J.

This motion, by defendant [in the initial action] Dr. Robert Schepp and related parties [as plaintiffs in the declaratory judgment action], for summary judgment is granted in part and denied in part.

This is an action for a declaratory judgment that the defendant health care providers are ineligible for no fault reimbursement because of failure to comply with state licensing requirements. In addition...

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