New Decisions

New York no-fault decisions as they come down, month by month, with a short summary of each. 5,805 decisions in all; new ones are added every month. Most recent decision: October 1, 2026.

Decisions per month, last two years Appellate DivisionAppellate TermTrial courtsCourt of Appeals
  1. 3
  2. 4
  3. 6
  4. 11
  5. 13
  6. 6
  7. 16
  8. 6
  9. 8
  10. 6
  11. 5
  12. 7
  13. 11
  14. 19
  15. 20
  16. 29
  17. 19
  18. 11
  19. 15
  20. 13
  21. 11
  22. 6
  23. 6
  24. 1

October 2026

1 decision so far · 1 Appellate Term

Issues this month: Timeliness and preclusion 1 MVAIC 1 Trial and evidence 1

Appellate Term, First Department Oct 1, 2026 2026 NY Slip Op 26160 Insurer prevailed

Medical Imaging of Bronx, P.C., Inc. v MVAIC

The provider failed to justify the four-month delay between another insurer's denials and submission of its claims to MVAIC. The parties stipulated that MVAIC timely denied the claims under the 45-day rule and limited trial to reasonable justification under 11 NYCRR 65-3.3 (e). The provider's witness could not recall or document when the referring physician was contacted about other coverage. Cover letters describing prior submission to another insurer did not explain the subsequent delay, and the provider did not respond to MVAIC's invitation to supply justification. General public policy considerations could not displace the filing requirements. The Appellate Term, First Department, reversed the judgment after nonjury trial and directed judgment dismissing the complaint.

September 2026

6 decisions · 2 Appellate Division · 2 Appellate Term · 2 trial courts

The Second Department reiterated that mere errors of law do not permit vacatur of a master arbitrator's award (Nostrand Drugs), and found conclusory claims that missing records hampered opposition, with no described efforts to obtain them, no reasonable excuse for a default (Villanueva). In two RVA Leasing decisions the Appellate Term, First Department, applied the rule that missing initial and follow-up EUOs violates a condition precedent to coverage, one accepting counsel's affidavit of office mailing practices that also swore, on personal knowledge, that they were followed. Civil Court, Kings County, held that Mayzenberg does not govern investigatory-phase verification requests, including those bearing on licensing eligibility (Burke 2 Physical Therapy).

Our summary of the month’s decisions, not the courts’ words.

Issues this month: EUO no-show 2 CPLR article 75 (arbitration awards) 1 Defaults and vacatur 1 Timeliness and preclusion 1 Verification requests 1 Fraudulent incorporation (Mallela) 1

Appellate Division, Second Department Sep 23, 2026 2026 NY Slip Op 05400 Insurer prevailed

Matter of Nostrand Drugs Rx, Inc. v Church Mut. Ins. Co.

The provider's petition to vacate a master arbitration award was denied because it showed no statutory ground for vacatur. The Appellate Division, Second Department, affirmed the denial of the CPLR article 75 petition challenging an award rejecting reimbursement for prescription medications. The court relied on CPLR 7511's narrow grounds for vacatur and the insufficiency of mere legal errors; remaining contentions were unpreserved or unnecessary to reach.

Appellate Division, Second Department Sep 23, 2026 2026 NY Slip Op 05393 Insurer prevailed

Matter of Hartford Fire Ins. Co. v Villanueva

The claimant failed to offer a reasonable excuse for defaulting in opposition to the insurer's petition to stay UM arbitration. After the claimant missed a court-ordered deadline for written opposition, Supreme Court permanently stayed arbitration of the alleged hit-and-run claim. Relief under CPLR 5015 (a) (1) required both a reasonable excuse and a potentially meritorious defense. Conclusory assertions that missing medical records and a purported police report hampered opposition were insufficient because the claimant did not explain efforts to obtain them. The Appellate Division, Second Department, affirmed the order, insofar as appealed from, denying vacatur and found it unnecessary to consider a potentially meritorious defense.

Appellate Term, First Department Sep 22, 2026 2026 NY Slip Op 51528(U) Insurer prevailed

RVA Leasing Corp. v Nationwide Mut. Ins. Co.

The provider's failure to attend the initial and follow-up EUOs violated a condition precedent to coverage. The Appellate Term, First Department, reversed the order and granted the insurer's unopposed motion for summary judgment dismissing the no-fault complaint. The insurer established that it timely and properly mailed the EUO scheduling notices and that the provider failed to appear. The provider's challenge to the reasonableness of the EUO requests was raised for the first time on appeal and was therefore unpreserved for review.

Appellate Term, First Department Sep 22, 2026 2026 NY Slip Op 51527(U) Insurer prevailed

RVA Leasing Corp. v Nationwide Mut. Ins. Co.

The insurer established timely mailing of the provider's EUO notices, nonappearance and an objective basis for the EUOs. The Appellate Term, First Department, reversed the order, insofar as appealed from, and granted the insurer's motion for summary judgment dismissing the no-fault complaint. The insurer's attorney described the office's standard mailing practices and procedures and represented under penalty of perjury, with personal knowledge, that those procedures were followed. This adequately proved mailing of the scheduling letters, and the provider failed to appear at the initial and follow-up EUOs. The provider raised no factual issue, and the insurer supplied a specific objective justification under 11 NYCRR 65-3.5 (e).

Trial court, Second Department Sep 24, 2026 2026 NY Slip Op 26164 Insurer prevailed

Burke 2 Physical Therapy, P.C. v State Farm Mut. Auto. Ins. Co. PIP/BI Claims

The provider failed to raise a factual issue concerning compliance with verification requests within 120 days. The Civil Court, Kings County, granted the insurer's summary judgment motion, dismissed the complaint with prejudice, and denied the provider's cross motion as moot. Under 11 NYCRR 65-3.5 (o), the insurer established nonreceipt of requested documents, while the provider supplied neither proof of compliance nor reasonable justification. Its owner's affidavit gave inconsistent mailing addresses and lacked corroborating documents. Government Employees Ins. Co. v Mayzenberg did not bar requests investigating licensing eligibility under 11 NYCRR 65-3.16 (a) (12): the denial rested on noncompliance with verification, without a conclusive finding of professional misconduct. The court declined to consider an amended cross motion served 18 months after the insurer's opposition and reply.

Trial court, Second Department Sep 3, 2026 2026 NY Slip Op 51460(U) Provider prevailed

NR Motion PT, P.C. v Allstate Ins.

The insurer failed to establish its intoxication exclusion or fee-schedule defense through competent, admissible evidence. The Civil Court, Kings County, denied its summary judgment motion in full. Under Westchester Med. Ctr. v Government Empls. Ins. Co., the insurer had to prove intoxication or impairment and that the injuries resulted from operating a vehicle in that condition. Unauthenticated medical records and a police report lacked an admissible foundation under CPLR 4518 or another evidentiary rule, and the assignor's EUO testimony disputed intoxication. The insurer also supplied no competent proof that the charges exceeded the applicable fee schedule. The court made no finding of intoxication or causation and left both defenses for proof at trial.

August 2026

6 decisions · 6 trial courts

All were trial-court rulings. Relying on the Fourth Department's Gepp, Civil Court, Kings County, held that written verification requested after an EUO that left needed information unanswered kept the claim tolled, rejecting reliance on Burke Physical Therapy. The same court held that MVAIC, though exempt from 11 NYCRR 65-3.5 (k), failed on summary judgment to establish nonreceipt of bills the provider swore it faxed with an affidavit covering only mailed bills. Another Kings County judge gave res judicata and collateral estoppel effect to a Supreme Court default order declaring no coverage for the same collision (Parisien v ZipCar), and Civil Court, Richmond County, held it cannot issue preliminary injunctions.

Our summary of the month’s decisions, not the courts’ words.

Issues this month: Jurisdiction and service 2 Verification requests 2 Timeliness and preclusion 2 Policy issues 1 Provider's prima facie case 1 Medical necessity 1

Trial court, First Department Aug 24, 2026 2026 NY Slip Op 51435(U) Insurer prevailed

Citimed Surgery Ctr. LLC v Allstate Ins. Co.

The defendant insurer established that a separate company issued the assignor's policy and that it was not a proper party. The Civil Court, New York County, granted summary judgment under CPLR 3212 (b) and dismissed the provider's no-fault reimbursement complaint. The defendant's records search located no policy covering the assignor, while a claims representative for the separate issuing insurer identified the relevant policy and claim number. The provider's conclusory assertions concerning the issuer's identity and the companies' relationship raised no triable issue. Whether the defendant received the bills or issued a lack-of-coverage denial was immaterial to the jurisdictional issue presented.

Trial court, Second Department Aug 20, 2026 2026 NY Slip Op 51339(U) Insurer prevailed

Medical Supply Depot Group Corp v State Farm Mut. Auto. Ins. Co. PI/BI Claims

Post-EUO verification requests continue tolling when the EUO fails to supply information necessary to verify the claim. The insurer submitted the EUO transcript and an SIU affidavit establishing that necessary information remained outstanding. Following Nationwide Affinity Ins. Co. of Am. v Gepp and 11 NYCRR 65-3.5 (c), the Civil Court, Kings County, rejected the provider's arguments that the completed EUO ended tolling and that the written request eight days later was untimely. The provider did not respond within 120 days; its later statement of intent to supply verification did not constitute a response. The insurer was entitled to deny the claim, and the court granted its CPLR 3212 summary judgment motion in its entirety and denied the provider's cross motion.

Trial court, First Department Aug 19, 2026 2026 NY Slip Op 51329(U) Provider prevailed

Baldwin Med. Servs., P.C. v Maya Assur. Co

The insurer failed to establish timely, proper mailing of its initial verification request, defeating summary judgment for nonresponse. The Civil Court, Bronx County, denied the insurer's motion under CPLR 3212. The adjuster's affidavit described mailing procedures for the follow-up request but omitted the processing steps for the initial request; conflicting mailing dates also raised a factual issue. Although 11 NYCRR 65-3.5 (o) permits denial after 120 days without verification or reasonable justification, the insurer did not establish tolling. The court found requests for signed claim and assignment forms reasonable and rejected the provider's demand for separate copies to it and counsel under 11 NYCRR 65-3.6 (b). Timely, proper mailing remained for trial; if proven, the action was premature.

Trial court, Second Department Aug 18, 2026 2026 NY Slip Op 51401(U) Provider prevailed

Syed Asim Maqsood Med. PC v MVAIC

MVAIC failed to establish nonreceipt of three bills, and the provider raised a medical-necessity issue on six others. The Civil Court, Kings County, described MVAIC's summary judgment motion as granted to an extent, but left all nine bills for trial and noted payments reducing five disputed balances. Although MVAIC was exempt from 11 NYCRR 65-3.5 (k), its mailing-only receipt affidavit omitted fax procedures or a policy rejecting fax submissions. The provider's affidavits describing transmission to MVAIC's conceded fax number defeated summary judgment, but did not establish timely submission without the bills themselves. A physician's rebuttal affidavit raised a factual issue concerning medical necessity for the other six bills.

Trial court, Second Department Aug 7, 2026 2026 NY Slip Op 26130 Insurer prevailed

Parisien v ZipCar c/o Corp. Serv. Co.

A default declaratory order expressly determining no-fault coverage can preclude a provider's claims even without entry of a final judgment. The Civil Court, Kings County, granted the defendant's directed-verdict motion under CPLR 4401 and dismissed the action. The court took judicial notice under CPLR 4511 (b) of a Supreme Court order declaring no coverage for the same collision based on EUO nonappearances. The order had not been vacated, and the provider and assignor had been served but failed to appear. The court applied res judicata and collateral estoppel, rejecting objections to the order's admissibility and finality. An earlier summary judgment ruling addressing a different declaratory order did not foreclose the defense under law of the case.

Trial court, Second Department Aug 5, 2026 2026 NY Slip Op 51283(U) Provider prevailed

AAPS Med. Supply Corp v Liberty Mut. Fire Ins. Co.

The insurer's request to stay the provider's trial pending a declaratory judgment action failed for lack of a supported basis. The Civil Court, Richmond County, denied a stay under CPLR 2201 and a preliminary injunction under CPLR 6301. The insurer sought relief on the business day before trial, after waiting nearly 18 months following its stated investigation results to commence the declaratory judgment action. It supplied no facts supporting undue burden, identified no other pending cases and could litigate its fraud defense at trial. No dispositive motion was pending in the declaratory judgment action, leaving the delay indefinite and prejudicial to the provider. Under New York City Civil Court Act §§ 202 and 203, the court lacked authority to issue a preliminary injunction.

All months

YearJanFebMarAprMayJunJulAugSepOctNovDecTotal
2026 20 29 19 11 15 13 11 6 6 1 131
2025 6 11 13 6 16 6 8 6 5 7 11 19 114
2024 13 7 9 2 3 8 3 3 5 2 3 4 62
2023 2 9 12 5 7 8 6 2 8 5 2 7 73
2022 7 6 7 18 6 54 17 25 20 6 12 38 216
2021 2 16 6 19 28 15 25 6 8 10 8 23 166
2020 13 9 7 6 14 16 9 28 5 18 53 10 188
2019 13 9 57 28 60 14 34 48 4 76 35 59 437
2018 12 22 6 9 39 66 13 3 2 5 99 16 292
2017 16 16 17 30 15 12 40 33 68 28 35 154 464
2016 7 16 59 16 14 66 14 8 69 58 36 18 381
2015 4 14 44 16 44 13 26 30 27 15 54 23 310
2014 8 24 36 25 25 5 15 30 5 9 4 63 249
2013 16 33 24 14 33 15 20 20 5 34 32 24 270
2012 24 21 21 44 29 40 24 70 21 19 14 30 357
2011 22 11 21 23 18 19 25 16 11 51 19 62 298
2010 25 13 34 25 15 18 28 13 3 32 31 29 266
2009 19 18 22 29 22 38 44 5 4 14 11 22 248
2008 10 23 21 26 18 12 40 12 38 24 13 22 259
2007 25 43 57 23 25 18 16 20 23 20 20 16 306
2006 11 26 27 15 30 30 45 13 12 19 23 32 283
2005 10 26 39 31 13 19 22 13 10 19 11 19 232
2004 6 10 19 15 14 19 13 8 18 14 15 29 180
2003 1 4 4 14 23

Headnotes, outcome labels and monthly summaries are our own summaries, not the courts’ words; the decision itself is the authority. Months follow the date a decision was handed down; new decisions are added monthly, so a recent month can still grow.