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GOVERNMENT v. AVANGUARD MED.

No. 27

27 N.Y.3d 22 (2016)

49 N.E.3d 711

2016 NY Slip Op 02473

GOVERNMENT EMPLOYEES INSURANCE CO. et al., Respondents, v. AVANGUARD MEDICAL GROUP, PLLC, Appellant.

Court of Appeals of New York.

Decided March 31, 2016.

Attorney(s) appearing for the Case

Steptoe & Johnson, LLP, New York City (Charles A. Michael of counsel), and Brune & Richard LLP, New York City, for appellant.

Rivkin Radler LLP, Uniondale (Barry I. Levy, Evan H. Krinick and Henry M. Mascia of counsel) and Melito & Adolfsen, P.C., New York City, for respondents.

Law Offices of Gary I. Fields, PLLC, New York City (Gary I. Fields of counsel), for Medical Society of the State of New York and another, amici curiae.

Greenberg Traurig, LLP, New York City (Carmen Beauchamp Ciparick, Francis J. Serbaroli and Anne C. Reddy of counsel), for New York State Association of Ambulatory Surgery Centers, Inc., amicus curiae.

Chief Judge DIFIORE and Judges PIGOTT, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur.

OPINION OF THE COURT

Defendant Avanguard Medical Group, PLLC claims that Insurance Law § 5102 requires a no-fault insurance carrier to pay a facility fee to a New York State-accredited office-based surgery (OBS) center for the use of its physical location and related support services...

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