Hospital Defeats Patient's Summary Judgment Motion Seeking Dismissal for Failure to Comply with No-Fault Law
This case was an interesting and infrequently litigated issue under New York's no-fault laws and regulations. Here, the patient alleged that the hospital executed an assignment of benefits (NF-AOB), which, under normal circumstances would prohibit the hospital from seeking payment directly from the patient. Instead, the medical provider would have to seek payment directly from the car insurance company (either through an arbitration or lawsuit).
The wrinkle with this case was that the NF-AOB was not signed by a representative of the hospital, rather is was only signed by the Defendant. The court agreed with our position and denied the Defendant's motion for summary judgment dismissing the complaint.
The attorney responsible for this case and practice area is Arnold Arpino. David Arpino was tasked with researching and drafting the opposition to the summary judgment motion.
Practice area(s): Civil Litigation