April 26, 2019
Pravel, Inc. v American Ind. Ins. Co. (2019 NY Slip Op 50644(U))
https://www.beynensonlaw.com/case-law/pravel-inc-v-american-ind-ins-co-2019-ny-slip-op-50644u/
- Decided
- April 26, 2019
- Citation
- 2019 NY Slip Op 50644(U) · 63 Misc 3d 144(A)
- Posture
- Motion to dismiss (CPLR 3211)
- Outcome
- Insurer prevailed
- Issues
- Jurisdiction and service
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.
Reported in New York Official Reports at Pravel, Inc. v American Ind. Ins. Co. (2019 NY Slip Op 50644(U))
| Pravel, Inc. v American Ind. Ins. Co. |
| 2019 NY Slip Op 50644(U) [63 Misc 3d 144(A)] |
| Decided on April 26, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 April 26, 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
2017-1868 K C
against
American Independent Ins. Co., Appellant.
Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell and Karina Barska of counsel), for respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Louis L. Nock, J.), entered August 15, 2017. The order, insofar as appealed from, denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).
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 which sought to dismiss the complaint pursuant to CPLR 3211 (a) (8) on the ground that the Civil Court lacked personal jurisdiction over defendant.
For the reasons stated in Pavlova v American Ind. Ins. Co. (60 Misc 3d 128[A], 2018 NY Slip Op 50943[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018]), the order, insofar as appealed from, is reversed, and defendant’s motion to dismiss the complaint is granted (see also Matter of Government Empls. Ins. Co. v Basedow, 28 AD3d 766 [2006]; Matter of Eagle Ins. Co. v Gutierrez-Guzman, 21 AD3d 489 [2005]).
PESCE, P.J., WESTON and ALIOTTA, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: April 26, 2019
Cited in this decision
A label shows how this decision treated the case it cites.
- Pavlova v American Ind. Ins. Co. (2018 NY Slip Op 50943(U)) FollowedThe provider failed to establish personal jurisdiction over a Pennsylvania insurer through counsel's unsupported affirmation.
Similar decisions
- JCC Med., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 50642(U))The insurer's motion to dismiss for lack of personal jurisdiction under CPLR 3211 (a) (8) was granted on appeal.
- Performance Plus Med., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 50632(U))The insurer's motion to dismiss for lack of personal jurisdiction under CPLR 3211 (a) (8) was granted on appeal.
- Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 50638(U))The insurer's motion to dismiss for lack of personal jurisdiction under CPLR 3211 (a) (8) was granted on appeal.
- Gentlecare Ambulatory Anesthesia Servs. v American Ind. Ins. Co. (2019 NY Slip Op 50635(U))The insurer's motion to dismiss for lack of personal jurisdiction under CPLR 3211 (a) (8) was granted on appeal.
- 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.