No-Fault Case Law
Park Health Ctr. v Country-Wide Ins. Co. (2003 NY Slip Op 51529(U))
June 30, 2003
The court considered the defendant insurer's motion for summary judgment to dismiss the complaint in a lawsuit to recover payments for medical services rendered under No-Fault. The main issues decided were the validity of the complaint, the authorization of the individual physicians named as plaintiffs, and the obstruction of discovery by one of the plaintiffs. The court held that the verification of the complaint was defective, but that the defendant failed to act with due diligence to treat it as a nullity. It was also held that the causes of action pertaining to Drs. Schur, Casson, and Choi should be dismissed due to lack of authorization by their counsel. Additionally, the court granted the motion to dismiss the causes of action asserted by Dr. Abraham due to willful obstruction of discovery.