June 1, 2018

Active Care Med. Supply Corp. v American Tr. Ins. Co. (2018 NY Slip Op 50828(U))

https://www.beynensonlaw.com/case-law/active-care-med-supply-corp-v-american-tr-ins-co-2018-ny-slip-op50828u/

Court: Appellate Term, Second Department
Decided: June 1, 2018
Citation: 2018 NY Slip Op 50828(U) · 59 Misc 3d 150(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: Other

Cite as

Active Care Med. Supply Corp. v American Tr. Ins. Co., 59 Misc 3d 150(A), 2018 NY Slip Op 50828(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018)

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 for summary judgment dismissing the provider's no-fault complaint was granted, and the provider's cross motion was denied. The Appellate Term, Second Department, affirmed the order for the reasons stated in the companion appeal decided the same day, No. 2015-2178 K C.

Reported in New York Official Reports at Active Care Med. Supply Corp. v American Tr. Ins. Co. (2018 NY Slip Op 50828(U))

[*1]

Active Care Med. Supply Corp. v American Tr. Ins. Co.

2018 NY Slip Op 50828(U) [59 Misc 3d 150(A)]

Decided on June 1, 2018

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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 1, 2018

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2015-2424 K C

Active Care Medical Supply Corp., as Assignee of Smith, Luther, Appellant,
against
American Transit Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Daniel J. Tucker, Esq. (Daniel J. Tucker and Netanel BenChaim of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered July 28, 2015. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

For the reasons stated in Active Care Med. Supply Corp., as Assignee of Munoz, Lina M. v American Tr. Ins. Co. (__ Misc 3d ___, 2018 NY Slip Op _____ [appeal No. 2015-2178 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: June 01, 2018

Similar decisions

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.
Active Care Med. Supply Corp. v Hartford Ins. Co. (2018 NY Slip Op 51590(U))The insurer's summary judgment on lack of no-fault coverage because of a workers' compensation award was affirmed.
Active Care Med. Supply Corp v American Tr. Ins. Co. (2017 NY Slip Op 51902(U))The insurer's summary judgment dismissal for the provider's EUO nonappearance was affirmed.
Active Care Med. Supply Corp. v ELRAC, Inc. (2018 NY Slip Op 50826(U))The self-insurer established timely mailing of its denial, and the provider's remaining argument was raised for the first time on appeal.
Active Care Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51408(U))The provider's opposing affidavit raised a triable issue as to whether its action was premature for outstanding verification.