New York – No-Fault Summary Judgment
Michael D. DeMeola and Walter J. Klimczak III obtained a Summary Judgment ruling in favor of their client in a New York No-Fault claim. The Plaintiff, an assignee, sued the Defendant claiming that the Defendant refused to pay medical bills under New York No-Fault Law associated with the assignor’s medical treatment stemming from an underlying motor vehicle accident.
Attorneys DeMeola and Klimczak argued that choice of law principles mandated that the case be decided under Massachusetts PIP Law, not New York No-Fault Law, and that under Massachusetts law the benefits for the expenses sought by the Plaintiff were previously exhausted. The Court agreed and held that the Defendant was not liable to the Plaintiff and dismissed the case.