January 6, 2023

New Millennium Med. Imaging, P.C. v Farmers Ins. Co. (2023 NY Slip Op 50091(U))

https://www.beynensonlaw.com/case-law/new-millennium-med-imaging-p-c-v-farmers-ins-co-2023-ny-slip-op50091u/

Court: Appellate Term, Second Department
Decided: January 6, 2023
Citation: 2023 NY Slip Op 50091(U) · 77 Misc 3d 141(A)
Posture: Summary judgment
Outcome: Provider prevailed
Issues: Statute of limitations

Cite as

New Millennium Med. Imaging, P.C. v Farmers Ins. Co., 77 Misc 3d 141(A), 2023 NY Slip Op 50091(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2023)

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Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The insurer's motion for summary judgment dismissing the provider's no-fault action as time-barred was denied. The Appellate Term, Second Department, affirmed the order, insofar as appealed from, for the reasons stated in New Millennium Med. Imaging, P.C. v GEICO, leaving the provider's action for assigned first-party no-fault benefits pending.

Reported in New York Official Reports at New Millennium Med. Imaging, P.C. v Farmers Ins. Co. (2023 NY Slip Op 50091(U))

[*1]

New Millennium Med. Imaging, P.C. v Farmers Ins. Co.

2023 NY Slip Op 50091(U) [77 Misc 3d 141(A)]

Decided on January 6, 2023

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 6, 2023

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHELLE WESTON, J.P., WAVNY TOUSSAINT, CHEREÉ A. BUGGS, JJ
2021-644 K C

New Millennium Medical Imaging, P.C., as Assignee of Geremy Votor, Respondent,
against
Farmers Insurance Company, Appellant.

Law Offices of Rothenberg & Burns (Bianca Mayard Francois of counsel), for appellant. Law Office of Damin J. Toell, P.C., for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Rupert V. Barry, J.), dated June 28, 2021. The order, insofar as appealed from, denied defendant’s motion for, in effect, summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals, as limited by its notice of appeal, from so much of an order of the Civil Court as denied defendant’s motion for, in effect, summary judgment dismissing the complaint on the ground that the action is barred by the statute of limitations.

For the reasons stated in New Millennium Med. Imaging, P.C. v GEICO (76 Misc 3d 31 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]), the order, insofar as appealed from, is affirmed.

TOUSSAINT and BUGGS, JJ., concur.

WESTON, J.P., taking no part.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: January 6, 2023

Cited in this decision

A label shows how this decision treated the case it cites.

New Millennium Med. Imaging, P.C. v GEICO (2022 NY Slip Op 22300) FollowedA no-fault claim accrues upon receipt of a denial received before the claim determination period expires.

Similar decisions

New Millennium Med. Imaging, P.C. v GEICO (2022 NY Slip Op 50928(U))The insurer's motion to dismiss the no-fault action on statute-of-limitations grounds was denied, and the denial was affirmed.
New Millennium Med. Imaging, P.C. v American Tr. Ins. Co. (2017 NY Slip Op 51088(U))The insurer's late opposition papers were properly considered and raised a factual issue as to whether the claims had been timely denied.
New Millennium Med. Imaging, P.C. v Charter Oak Fire Ins. Co. (2019 NY Slip Op 51163(U))The insurer obtained summary judgment because its proof showed that it had issued no policy covering the loss.
New Millennium Med. Imaging, P.C. v 21st Century Ins. Co. (2022 NY Slip Op 50605(U))The provider failed to justify its late claim submission because the form sent to the wrong insurer bore the defendant insurer's name and address.
New York Diagnostic Med. Care, P.C. v GEICO Cas. Ins. Co. (2012 NY Slip Op 52409(U))The provider's billing affidavit failed to establish overdue claims or timely denials that were legally deficient.