SOUND SHORE v. NY CENT INS

2011-04975.

106 A.D.3d 157 (2013)

963 N.Y.S.2d 282

2013 NY Slip Op 2390

SOUND SHORE MEDICAL CENTER, as Assignee of Barbara Kocourek, Appellant, et al., Plaintiff, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.

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

Decided April 10, 2013.


Attorney(s) appearing for the Case

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

Michael S. Nightingale , Glen Cove ( Bryan G. Melnick of counsel), for respondent.

ANGIOLILLO, J.P., DICKERSON and COHEN, JJ., concur.


OPINION OF THE COURT

AUSTIN, J.

On this appeal, we are asked to determine whether a no-fault UB-04 form is the functional equivalent of a no-fault New York State Form N-F 5 (hereinafter N-F 5 form), the receipt of which triggers the 30-day period in which a no-fault insurer is required to pay or deny a claim for no-fault benefits or request further verification. For the following reasons, we answer in the negative and reverse the order of the Appellate Term...

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