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David M Barshay

David M Barshay

January 10, 2008 | New York Law Journal

No-Fault: Requirements for Prima Facie Case Modified

William M. Purdy, a partner at Israel, Israel & Purdy, and David M. Barshay, a partner at Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, write that in a recent line of cases the Appellate Term for the Second Department has imposed an additional requirement for prima facie cases for payment of no-fault benefits - that the claimant establish the truth of the statements contained in the claim forms, even in the absence of any objection to the forms by the insurer in the claim processing stage.

By William M. Purdy and David M. Barshay

15 minute read