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MATTER OF CIP PHYSICAL THERAPY, P.C. v. LAWSKY

2017-02894. Index No. 3118/15.

187 A.D.3d 743 (2020)

133 N.Y.S.3d 35

2020 NY Slip Op 05503

In the Matter of CIP Physical Therapy, P.C., et al., Appellants, v. Benjamin W. Lawsky et al., Respondents.

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

Decided October 7, 2020.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Pursuant to Insurance Law § 5106(a), "[i]f a valid [no-fault insurance] claim ... was overdue, the claimant shall ... recover his attorney's reasonable fee, for services necessarily performed in connection with securing payment of the overdue claim, subject to limitations promulgated by the superintendent." Prior to February 4, 2015, the regulations promulgated by the Superintendent of...

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