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ANDREW MD PC v. PROGRESSIVE

No. 39.

33 N.Y.3d 389 (2019)

128 N.E.3d 153

104 N.Y.S.3d 26

2019 NY Slip Op 04643

ANDREW CAROTHERS, M.D., P.C., as Assignee of Audrey White, Appellant, v. PROGRESSIVE INSURANCE COMPANY, Respondent.

Court of Appeals of New York.

Decided June 11, 2019.

Attorney(s) appearing for the Case

D'Agostino, Levine, Landesman & Lederman, LLP, New York City (Bruce H. Lederman and Eric R. Garcia of counsel), for appellant.

Rivkin Radler LLP, Uniondale (Barry I. Levy of counsel), McCormack & Mattei, P.C., Garden City (Kevin A. Mattei and John E. McCormack of counsel), Freiberg, Peck & Kang, LLP, Armonk (Craig J. Freiberg of counsel), Bruno, Gerbino & Soriano, LLP, Melville (Vincent Gerbino of counsel), and White and Williams, LLP, New York City (Jay Shapiro of counsel), for respondent.

Mura & Storm, PLLC, Buffalo (Roy A. Mura and Scott D. Mancuso of counsel), for The Coalition Against Insurance Fraud, amicus curiae.

Letitia James, Attorney General, New York City (David S. Frankel, Barbara D. Underwood and Steven C. Wu of counsel), for New York State Department of Financial Services, amicus curiae.

OPINION OF THE COURT

Only licensed physicians may practice medicine in New York. The unlicensed are not bound by the ethical rules that govern the quality of care delivered by a physician to a patient. By statute, regulation, and the common law, the corporate form cannot be used as a device to allow nonphysicians to control the...

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