July 21, 2017

TAM Med. Supply Corp. v Omni Indem. Co. (2017 NY Slip Op 50942(U))

Headnote

The insurer's cross motion for summary judgment was granted on its defense that it had issued no policy covering the accident vehicle. The Appellate Term, Second Department, reversed the order, insofar as appealed from, and dismissed the provider's complaint for assigned no-fault benefits for the reasons stated in TAM Med. Supply Corp. v Omni Indem. Co.

Reported in New York Official Reports at TAM Med. Supply Corp. v Omni Indem. Co. (2017 NY Slip Op 50942(U))

[*1]
TAM Med. Supply Corp. v Omni Indem. Co.
2017 NY Slip Op 50942(U) [56 Misc 3d 133(A)]
Decided on July 21, 2017
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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 21, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2014-1112 K C

TAM Medical Supply Corp., as Assignee of Pierre, Jean Wesner, Respondent,

against

Omni Indemnity Company, Appellant.


Freiberg, Peck & Kang, LLP (Yilo J. Kang, Esq.), for appellant. The Rybak Firm, PLLC (Damin J. Toell, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), entered February 25, 2014. The order, insofar as appealed from, denied defendant’s cross motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant’s cross motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court denying defendant’s cross motion as sought summary judgment dismissing the complaint on the ground that defendant had not issued an insurance policy covering the vehicle which was involved in the accident in question.

For the reasons stated in Tam Med. Supply Corp. v Omni Indem. Co. (48 Misc 3d 142[A], 2015 NY Slip Op 51294[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]), the order, insofar as appealed from, is reversed and defendant’s cross motion for summary judgment dismissing the complaint is granted.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.


ENTER:
Paul Kenny
Chief Clerk
Decision Date: July 21, 2017

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