October 25, 2019

Vincent Med. Servs., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51747(U))

https://www.beynensonlaw.com/case-law/vincent-med-servs-p-c-v-american-ind-ins-co-2019-ny-slip-op51747u/

Court: Appellate Term, Second Department
Decided: October 25, 2019
Citation: 2019 NY Slip Op 51747(U) · 65 Misc 3d 144(A)
Posture: Motion to dismiss (CPLR 3211)
Outcome: Insurer prevailed
Issues: Jurisdiction and service
Legal questions: Service and jurisdiction over the insurer (see the maps)

Cite as

Vincent Med. Servs., P.C. v American Ind. Ins. Co., 65 Misc 3d 144(A), 2019 NY Slip Op 51747(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019)

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 motion to dismiss the provider's complaint for lack of personal jurisdiction was granted on appeal. The Appellate Term, Second Department, reversed the order, insofar as appealed from, and granted dismissal under CPLR 3211 (a) (8) for the reasons stated in the companion appeal decided the same day, Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co., No. 2017-2405 K C.

Reported in New York Official Reports at Vincent Med. Servs., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51747(U))

[*1]

Vincent Med. Servs., P.C. v American Ind. Ins. Co.

2019 NY Slip Op 51747(U) [65 Misc 3d 144(A)]

Decided on October 25, 2019

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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 25, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2018-311 K C

Vincent Medical Services, P.C., as Assignee of Myrthil, Marie J., Respondent,
against
American Independent Ins. Co., Appellant.

Freiberg, Peck & Kang, LLP (Yilo J. Kang 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 (Odessa Kennedy, J.), entered January 31, 2018. The order, insofar as appealed from, denied defendant’s motion to dismiss the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant’s motion to dismiss 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 as denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).

For the reasons stated in Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-2405 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant’s motion to dismiss the complaint is granted.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 25, 2019

Legal questions

A question of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.

Service and jurisdiction over the insurer

Open the full map

Was the insurer validly served with process, and does the court have personal jurisdiction over it?

This decision: Insurer (usually out-of-state) not subject to the forum's jurisdiction; plaintiff did not show a basis

Held, for the reasons stated in a companion decision, that the out-of-state insurer's CPLR 3211 (a) (8) motion to dismiss for lack of personal jurisdiction should have been granted.

Jurisdiction upheldService defectiveNo jurisdiction over insurerHearing or discovery neededObjection waived/not requiredThis decision

Of the 129 decisions on this question in the Second Department courts and the Court of Appeals, 57 (this one included) are in the same category.

Similar decisions

Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51738(U))The insurer's motion to dismiss the provider's no-fault complaint for lack of personal jurisdiction was granted on appeal.
Parisien v American Ind. Ins. Co. (2019 NY Slip Op 51751(U))The insurer's motion to dismiss the provider's complaint for lack of personal jurisdiction was granted on appeal.
Active Care Med. Supply Corp. v American Ind. Ins. Co. (2019 NY Slip Op 51758(U))The insurer's motion to dismiss the provider's complaint for lack of personal jurisdiction was upheld on appeal.
Ocean View Med. Care, P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51752(U))The insurer's motion to dismiss the provider's complaint for lack of personal jurisdiction was granted on appeal.
Performance Plus Med., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51746(U))The insurer's motion to dismiss the provider's complaint for lack of personal jurisdiction was granted on appeal.