Opinion
7907 Index 650446/18
12-20-2018
GLOBAL LIBERTY INSURANCE COMPANY OF NEW YORK, Plaintiff–Appellant, v. SPINE CONSULTATION NJ, P.C. as Assignee of Neville Gibson, Defendant–Respondent.
Law Office of Jason Tenenbaum, P.C., Garden City (Talia Beard of counsel), for appellant. Revaz Chachanashvili & Associates, Richmond Hill (Rachel Drachman of counsel), for respondent.
Law Office of Jason Tenenbaum, P.C., Garden City (Talia Beard of counsel), for appellant.
Revaz Chachanashvili & Associates, Richmond Hill (Rachel Drachman of counsel), for respondent.
Richter, J.P., Manzanet–Daniels, Tom, Gesmer, Kern, JJ.
Order, Supreme Court, New York County (Andrew Borrok, J.), entered July 11, 2018, which, to the extent appealed from, denied plaintiff's motion for partial summary judgment, unanimously affirmed, with costs.
The court correctly denied plaintiff's motion, interpreting Department of Financial Services Regulations ( 11 NYCRR) § 68.6(b)(1), amended effective January 23, 2018, to apply prospectively. The regulations do not indicate that they apply retroactively, and the law is settled that retroactivity is not imputed where not expressly stated ( Bowen v. Georgetown Univ. Hosp., 488 U.S. 204, 208, 109 S.Ct. 468, 102 L.Ed.2d 493 [1988] ; Matter of Rudin Mgt. Co. v. Commissioner Dept. of Consumer Affairs of City of N.Y., 213 A.D.2d 185, 185, 623 N.Y.S.2d 569 [1st Dept. 1995] ).