September 27, 2016

Pierre Jean Renelique, MD, P.C. v Farmington Cas. Co. (2016 NY Slip Op 51420(U))

Headnote

The insurer failed to establish proper mailing of the letters scheduling the assignor's IMEs through proof of office mailing practices. Its supporting affidavit did not sufficiently describe a standard office practice or procedure ensuring that the scheduling letters were properly mailed. Applying St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., the Appellate Term, Second Department, found that the insurer had not demonstrated entitlement to summary judgment. It reversed the order granting dismissal of the provider's assigned no-fault action and denied the insurer's motion.

Reported in New York Official Reports at Pierre Jean Renelique, MD, P.C. v Farmington Cas. Co. (2016 NY Slip Op 51420(U))

[*1]
Pierre Jean Renelique, MD, P.C. v Farmington Cas. Co.
2016 NY Slip Op 51420(U) [53 Misc 3d 134(A)]
Decided on September 27, 2016
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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 27, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-790 Q C

Pierre Jean Renelique, MD, P.C., as Assignee of VICTORIA BELAVAL, Appellant,

against

Farmington Casualty Company, Respondent.


Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered March 12, 2014. The order granted defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff correctly argues on appeal that the affidavit submitted by defendant in support of its motion did not sufficiently set forth a standard office practice or procedure that would ensure that its letters scheduling plaintiff’s assignor for independent medical examinations had been properly mailed (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]). Thus, defendant did not demonstrate its entitlement to summary judgment.

Accordingly, the order is reversed and defendant’s motion for summary judgment dismissing the complaint is denied.

Pesce, P.J., Aliotta and Solomon, JJ., concur.


Decision Date: September 27, 2016

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