As an initial issue, 11 NYCRR 65-3.11(a) limits no-fault medical billing to employees of the provider that submits claims for no-fault benefits. It is submitted that Supreme Court properly granted judgment in favor of plaintiffs, because the treating providers were independent contractors, as opposed to employees. The record supports a finding that the "degree of control exercised by the purported employer" (Bynog v Cipriani Group,
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LUMBERMENS MUT. CAS. CO. v. A B MED. SERVS., PLLC
Index No. 100813/11. Appeal No. 12546. Case No. 2020-01039.
189 A.D.3d 439 (2020)
137 N.Y.S.3d 326
2020 NY Slip Op 07280
Lumbermens Mutual Casualty Company et al., Respondents, v. A B Medical Services, PLLC, Also Known as AB Medical Serives, P.C., Also Known as A.B. Medical, PLLC, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 3, 2020.
Decided December 3, 2020.
Attorney(s) appearing for the Case
The Leyvi Law Group, P.C., Brooklyn ( Maksim Leyvi of counsel), for appellant.
Goldberg, Miller & Rubin, New York ( Harlan R. Schreiber of counsel), for respondents.
Concur—Friedman, J.P., Kapnick, Gesmer, Kern, Shulman, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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