Category: Statute Of Limitations

Statute of Limitations defense was SOL

Dyckman Med. Diagnostic/Treatment, P.C. v Granite State Ins. Co., 2014 NY Slip Op 51026(U)(App. Term 2d Dept. 2014) (1) “A defendant seeking summary judgment dismissing a complaint on statute of limitations grounds bears the initial burden of establishing, prima facie, that the time in which to commence the action had expired (see 6D Farm Corp. v […]

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Appellate Term declines to follow First Department 3-year self insured statute of limitations precedent

Contact Chiropractic, P.C. v New York City Tr. Auth., 2013 NY Slip Op 23410 (App. Term 2d Dept. 2013) “Defendant contended therein that, since it does not maintain an insurance [*2]policy, its obligation to provide no-fault benefits is statutorily imposed (Insurance Law § 5103; see Insurance Department Regulations [11 NYCRR] § 65-2.1) and governed by […]

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Six year statute of limitations period governed by how the complaint is pleaded

Wexford Med., P.C. v Commerce Ins. Co., 2013 NY Slip Op 51193(U)(App. Term 2d Dept. 2013) “The complaint alleges that “health services” were rendered to the assignor on January 9, 2003, that a bill for such services was “timely received” by defendant insurer, and that defendant failed to properly deny the bill within 30 days […]

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A tongue twister regarding when a cause of action accrues

Flatlands Acupuncture, P.C. v Fireman’s Fund Ins. Co., 2011 NY Slip Op 21133 (App. Term 2d Dept. 2011) This case is so fraught with procedural errors from the parties that you have to wonder whether anyone thinks before they write Anyway, here is the holding: “There are, therefore, two methods to compute the accrual date […]

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Three year statute of limitations for common carriers in the First Department

M.N. Dental Diagnostics, P.C. v New York City Tr. Auth., 2011 NY Slip Op 01525 (1st Dept. 2011) It is well settled that “the No-Fault Law does not codify common-law principles; it creates new and independent statutory rights and obligations in order to provide a more efficient means for adjusting financial responsibilities arising out of […]

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