Ocean Diagnostic Imaging, P.C. v. Merchants Mutual Ins. Co

In Ocean Diagnostic Imaging, P.C. v. Merchants Mutual Ins. Co., 15 Misc 3d 9 [App. Term, 2d & 11th Jud. Dist. 2007] the Civil Court of Kings County denied a motion for summary judgment brought by an executor, who was not a physician on behalf of a previously solely-owned medical professional corporation. On appeal, the Appellate Term for the Second and Eleventh Judicial Districts ruled "the court has no jurisdiction" due to the death of the incorporating physician and the absence of a professionally qualified officer. Id. The Appellate Term sustained the decision stating the "record does not establish that any of the actions involved herein were authorized by someone with the authority to do so."