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AP ORTHOPEDICS v. ALLSTATE

17183/07.

27 Misc.3d 698 (2010)

896 N.Y.S.2d 612

AP ORTHOPEDICS & REHABILITATION, P.C., as Assignee of Nelson Hernandez, Plaintiff, v. ALLSTATE INS. CO., Defendant.

Civil Court of the City of New York, Richmond County.

Decided February 5, 2010.

Attorney(s) appearing for the Case

Law Office of Robert P. Tusa, Brooklyn, for defendant.

Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, Mineola, for plaintiff.

OPINION OF THE COURT

KATHERINE A. LEVINE, J.

The novel issue presented is what type of proof a defendant insurance company must present at trial in order to prevail on its defense that the injury billed for by a plaintiff medical service provider was not medically ascertainable within a year. Both parties concede that in order for this defense to be even raised, the insurance company must issue a timely denial.

This action was commenced by plaintiff...

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