March 29, 2019
Lida’s Med. Supply, Inc. v American Ind. Ins. Co. (2019 NY Slip Op 50502(U))
https://www.beynensonlaw.com/case-law/lidas-med-supply-inc-v-american-ind-ins-co-2019-ny-slip-op50502u/
- Decided
- March 29, 2019
- Citation
- 2019 NY Slip Op 50502(U) · 63 Misc 3d 137(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)
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 Lida’s Med. Supply, Inc. v American Ind. Ins. Co. (2019 NY Slip Op 50502(U))
| Lida’s Med. Supply, Inc. v American Ind. Ins. Co. |
| 2019 NY Slip Op 50502(U) [63 Misc 3d 137(A)] |
| Decided on March 29, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 March 29, 2019
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2017-764 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 (Robin Kelly Sheares, J.), entered January 6, 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 states 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., ALIOTTA and ELLIOT, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: March 29, 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.
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
Granted the out-of-state insurer's CPLR 3211 (a) (8) motion for the reasons stated in Pavlova, plaintiff having failed to show a long-arm basis for personal jurisdiction over it.
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.
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.
Cited by
- Excel Prods., Inc. v American Ind. Ins. Co. (2019 NY Slip Op 51964(U))The provider failed to establish personal jurisdiction over the out-of-state insurer through an attorney affirmation lacking personal knowledge.
- Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51736(U))The provider failed to establish personal jurisdiction over the out-of-state insurer through counsel's unsupported affirmation.
- Parisien v American Ind. Ins. Co. (2019 NY Slip Op 51965(U))The provider's attorney affirmation lacked personal knowledge and failed to establish long-arm jurisdiction over the out-of-state insurer.
- Vladenn Med. Supply Corp. v American Ind. Ins. Co. (2021 NY Slip Op 21338)The provider failed to establish personal jurisdiction over the Pennsylvania insurer with 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.
- Gentlecare Ambulatory Anesthesia Servs. v American Ind. Ins. Co. (2019 NY Slip Op 50634(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 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.
- 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 50643(U))The insurer's motion to dismiss for lack of personal jurisdiction under CPLR 3211 (a) (8) was granted on appeal.