August 2, 2019
Lidas Med. Supply, Inc. v Global Liberty Ins. (2019 NY Slip Op 51275(U))
https://www.beynensonlaw.com/case-law/lidas-med-supply-inc-v-global-liberty-ins-2019-ny-slip-op-51275u/
- Decided
- August 2, 2019
- Citation
- 2019 NY Slip Op 51275(U) · 64 Misc 3d 143(A)
- Posture
- Summary judgment
- Outcome
- Insurer prevailed
- Issues
- EUO no-show
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Summary
Editorial summary by Beynenson Law, not part of the court’s decision.
Reported in New York Official Reports at Lidas Med. Supply, Inc. v Global Liberty Ins. (2019 NY Slip Op 51275(U))
| Lidas Med. Supply, Inc. v Global Liberty Ins. |
| 2019 NY Slip Op 51275(U) [64 Misc 3d 143(A)] |
| Decided on August 2, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 August 2, 2019
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ
2017-1945 K C
against
Global Liberty Insurance, Appellant.
Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for appellant. Law Office of John Gallagher, PLLC (John Gallagher of counsel), for respondent (no brief filed).
Appeal from an order of the Civil Court of the City of New York, Kings County (Andrew S. Borrok, J.), entered July 6, 2017. 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 as denied defendant’s cross motion which had sought summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath.
For the reasons stated in Right Aid Med. Supply Corp., as Assignee of Kusi Comfort v Ameriprise Auto & Home (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-1776 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant’s cross motion for summary judgment dismissing the complaint is granted.
PESCE, P.J., WESTON and ALIOTTA, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 02, 2019
Similar decisions
- Lida’s Med. Supply, Inc. v Global Liberty Ins. (2019 NY Slip Op 51691(U))The provider's summary judgment motion was denied because it failed to establish untimely denial or a legally insufficient timely denial.
- Lida’s Med. Supply, Inc. v Park Ins. Co. (2019 NY Slip Op 51282(U))The insurer's summary judgment motion based on the assignor's failure to appear for duly scheduled IMEs was granted on appeal.
- Lida’s Med. Supply, Inc. v Hereford Ins. Co. (2019 NY Slip Op 51356(U))The provider failed to establish entitlement to payment, and the insurer failed to establish timely mailing of its follow-up IME letter.
- Lida’s Med. Supply, Inc. v American Ind. Ins. Co. (2019 NY Slip Op 50502(U))The insurer's motion to dismiss the provider's no-fault complaint for lack of personal jurisdiction was granted on appeal.
- Lida’s Med. Supply, Inc. v Personal Serv. Ins. Co. (2022 NY Slip Op 50578(U))The insurer's motion to dismiss for lack of personal jurisdiction was granted on appeal.