August 25, 2017

Gentlecare Ambulatory Anesthesia Servs. v Country Wide Ins. Co. (2017 NY Slip Op 51102(U))

https://www.beynensonlaw.com/case-law/gentlecare-ambulatory-anesthesia-servs-v-country-wide-ins-co-2017-ny-slip-op51102u/

Court: Appellate Term, Second Department
Decided: August 25, 2017
Citation: 2017 NY Slip Op 51102(U) · 56 Misc 3d 140(A)
Posture: Summary judgment
Outcome: Split result
Issues: Other

Cite as

Gentlecare Ambulatory Anesthesia Servs. v Country Wide Ins. Co., 56 Misc 3d 140(A), 2017 NY Slip Op 51102(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017)

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 cross motion for summary judgment dismissing the provider's no-fault complaint was denied on appeal. The Appellate Term, Second Department, modified the order for the reasons stated in Island Life Chiropractic, P.C. v Country Wide Ins. Co. and otherwise affirmed, leaving intact the denial of the provider's motion for summary judgment.

Reported in New York Official Reports at Gentlecare Ambulatory Anesthesia Servs. v Country Wide Ins. Co. (2017 NY Slip Op 51102(U))

[*1]

Gentlecare Ambulatory Anesthesia Servs. v Country Wide Ins. Co.

2017 NY Slip Op 51102(U) [56 Misc 3d 140(A)]

Decided on August 25, 2017

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This opinion is uncorrected and will not be published in the printed Official Reports.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 25, 2017

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

PRESENT: : THOMAS P. ALIOTTA, J.P., MICHAEL L. PESCE, MARTIN M. SOLOMON, JJ
2016-262 Q C

Gentlecare Ambulatory Anesthesia Services and Lyonel F. Paul, M.D., as Assignees of Stevenson, Connie, Appellants,
against
Country Wide Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellants. Jaffe & Koumourdas, LLP (Jean H. Kang, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Terrence C. O’Connor, J), entered December 15, 2015. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.

ORDERED that the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without 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 denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.

For the reasons stated in Island Life Chiropractic, P.C. v Country Wide Ins. Co. (53 Misc 3d 131[A], 2016 NY Slip Op 51378[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016]), the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 25, 2017

Cited in this decision

A label shows how this decision treated the case it cites.

Island Life Chiropractic, P.C. v Country Wide Ins. Co. (2016 NY Slip Op 51378(U)) FollowedThe insurer failed to prove mailing of a cancellation notice, and conflicting affidavits raised a factual issue over claim submission.

Similar decisions

Gentlecare Ambulatory Anesthesia Servs. v GEICO Ins. Co. (2019 NY Slip Op 50746(U))The insurer's cross motion for summary judgment dismissing the provider's assigned no-fault claims was granted and affirmed on appeal.
Gentlecare Ambulatory Anesthesia Servs. v Allstate Ins. Co. (2018 NY Slip Op 51607(U))The insurer failed to establish timely denial mailing, and the provider failed to establish prima facie entitlement to payment.
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.
Gentlecare Ambulatory Anesthesia Servs.; Lyonel F. Paul M.D. v Hereford Ins. Co. (2020 NY Slip Op 51379(U))A lack-of-coverage defense is not precluded by defects in, or untimeliness of, an insurer's denial of claim.
Gentlecare Ambulatory Anesthesia Services; Lyonel F. Paul, M.D. v GEICO Ins. Co. (2018 NY Slip Op 51653(U))The insurer's proof established presumptively timely mailing of EUO notices and the denial, as well as the provider's nonappearances.