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January 02, 2008



Thank you to Dave Barshay at Baker, Barshay et al. for gracefully pointing out my prior citation to the incorrect Marigliano decision and reference to Supreme Court and not Civil Court. Dave's post is reproduced below:



"your post is incorrect. Sweeney's decision is civil, not supreme, and it AGREED with the DOI opinion letter. There is a second marigliano case from NY civil (hagler) that disagreed with Sweeney and DOI. However, the big decision was Aplha v. SF, 14 Misc.3d 673."

Nelson Timken

The first decision to address this issue, upon which Judge Siegal relied in her decision was A.M. MEDICAL SERVICES PC v. NEW YORK CENTRAL MUTUAL FIRE INS. CO., 030041/2002, published in the NYLJ, 7/24/06, decided by Judge Thomas D. Raffaele, for whom I work, which rejected the NYS Insurance Department's opinion letter fixing maximum fees in the aggregate at $800.00.

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