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CAROTHERS v. PROGRESSIVE INSURANCE COMPANY

2013-10969. Index No. 2217/06.

150 A.D.3d 192 (2017)

2017 NY Slip Op 02614

51 N.Y.S.3d 551

ANDREW CAROTHERS, M.D., P.C., Appellant, v. PROGRESSIVE INSURANCE COMPANY, Respondent.

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

Decided April 5, 2017.

Attorney(s) appearing for the Case

Smith Valliere PLLC, New York City ( Mark W. Smith and Gregory Zimmer of counsel), for appellant.

McCormack & Mattel, P.C., Garden City ( John E. McCormack and Barry I. Levy of counsel), for respondent.

LEVENTHAL, J.P., MILLER and MALTESE, JJ. concur.

OPINION OF THE COURT

New York State law mandates that professional service corporations be owned and controlled only by licensed professionals. In State Farm Mut. Auto. Ins. Co. v Mallela (4 N.Y.3d 313 [2005]), the Court of Appeals held that under the no-fault insurance law (Insurance...

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