July 2, 2021

PFJ Med. Care, P.C. v Hereford Ins. Co. (2021 NY Slip Op 50637(U))

https://www.beynensonlaw.com/case-law/pfj-med-care-p-c-v-hereford-ins-co-2021-ny-slip-op-50637u/

Court: Appellate Term, Second Department
Decided: July 2, 2021
Citation: 2021 NY Slip Op 50637(U) · 72 Misc 3d 131(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: Policy issues

Cite as

PFJ Med. Care, P.C. v Hereford Ins. Co., 72 Misc 3d 131(A), 2021 NY Slip Op 50637(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021)

Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.

Summary

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

The insurer's summary judgment motion asserting that it had issued no automobile policy covering the accident was granted on appeal. The Appellate Term, Second Department, reversed the provider's judgment, vacated the underlying order and denied the provider's cross motion. It relied on the reasons stated in Gentlecare Ambulatory Anesthesia Servs.; Lyonel F. Paul M.D. v Hereford Ins. Co.

Reported in New York Official Reports at PFJ Med. Care, P.C. v Hereford Ins. Co. (2021 NY Slip Op 50637(U))

[*1]

PFJ Med. Care, P.C. v Hereford Ins. Co.

2021 NY Slip Op 50637(U) [72 Misc 3d 131(A)]

Decided on July 2, 2021

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This opinion is uncorrected and will not be published in the printed Official Reports.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 2, 2021

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

PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2019-75 K C

PFJ Medical Care, P.C., as Assignee of Chaudry, Figaro, Respondent,
against
Hereford Insurance Co., Appellant.

Goldberg Miller & Rubin, P.C. (Timothy Bishop of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Sharon Bourne-Clarke, J.), entered November 8, 2018, deemed from a judgment of that court entered December 18, 2018 (see CPLR 5501 [c]). The judgment, entered pursuant to the November 8, 2018 order denying defendant’s motion for summary judgment dismissing the complaint and granting plaintiff’s cross motion for summary judgment, awarded plaintiff the principal sum of $469.45.

ORDERED that the judgment is reversed, with $30 costs, the order entered November 8, 2018 is vacated, defendant’s motion for summary judgment dismissing the complaint is granted and plaintiff’s cross motion for summary judgment is denied.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court denying defendant’s motion which had sought summary judgment dismissing the complaint on the ground that there was no coverage for no-fault benefits as defendant had not issued an automobile insurance policy which would cover the underlying accident, and granting plaintiff’s cross motion for summary judgment. A judgment was subsequently entered on December 18, 2018, from which the appeal is deemed to have been taken (see CPLR 5501 [c]).

For the reasons stated in Gentlecare Ambulatory Anesthesia Servs.; Lyonel F. Paul M.D. v Hereford Ins. Co. (69 Misc 3d 144[A], 2020 NY Slip Op 51379[U] [App Term, 2d Dept, 2d, [*2]11th & 13th Jud Dists 2020]), the judgment is reversed, the order entered November 8, 2018 is vacated, defendant’s motion for summary judgment dismissing the complaint is granted and plaintiff’s cross motion for summary judgment is denied.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: July 2, 2021

Cited in this decision

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

Gentlecare Ambulatory Anesthesia Servs.; Lyonel F. Paul M.D. v Hereford Ins. Co. (2020 NY Slip Op 51379(U)) FollowedA lack-of-coverage defense is not precluded by defects in, or untimeliness of, an insurer's denial of claim.

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