August 18, 2017

New Millennium Med. Imaging, P.C. v American Tr. Ins. Co. (2017 NY Slip Op 51088(U))

https://www.beynensonlaw.com/case-law/new-millennium-med-imaging-p-c-v-american-tr-ins-co-2017-ny-slip-op51088u/

Court: Appellate Term, Second Department
Decided: August 18, 2017
Citation: 2017 NY Slip Op 51088(U) · 56 Misc 3d 139(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: Discovery and procedure Timeliness and preclusion

Cite as

New Millennium Med. Imaging, P.C. v American Tr. Ins. Co., 56 Misc 3d 139(A), 2017 NY Slip Op 51088(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017)

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Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The insurer's late opposition papers were properly considered and raised a factual issue as to whether the claims had been timely denied. The provider appealed only the denial of its cross motion for summary judgment in an action to recover assigned first-party no-fault benefits. Under CPLR 2004, the Civil Court did not improvidently exercise its discretion in considering the late papers. Because those papers raised a triable issue concerning timely denial, the Appellate Term, Second Department, affirmed the order, insofar as appealed from, leaving the provider's cross motion denied.

Reported in New York Official Reports at New Millennium Med. Imaging, P.C. v American Tr. Ins. Co. (2017 NY Slip Op 51088(U))

[*1]

New Millennium Med. Imaging, P.C. v American Tr. Ins. Co.

2017 NY Slip Op 51088(U) [56 Misc 3d 139(A)]

Decided on August 18, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 18, 2017

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

PRESENT: : MICHELLE WESTON, J.P., MICHAEL L. PESCE, THOMAS P. ALIOTTA, JJ
2015-1998 K C

New Millennium Medical Imaging, P.C., as Assignee of Miguel Diaz and Jordanis Rodriguez, Appellant,
against
American Transit Ins. Co., Respondent.

Law Office of Damin J. Toell, P.C. (Damin J. Toell, Esq.), for appellant. Law Office of Daniel J. Tucker (Netanel Benchaim, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered June 16, 2015. The order, insofar as appealed from as limited by the brief, denied plaintiff’s cross motion for summary judgment.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, as limited by its brief, plaintiff appeals from so much of an order of the Civil Court as denied plaintiff’s cross motion for summary judgment, upon a finding that defendant’s opposition papers had raised a triable issue of fact.

Contrary to plaintiff’s contention on appeal, the Civil Court did not improvidently exercise its discretion in considering defendant’s late opposition papers (see CPLR 2004), which raised a triable issue of fact as to whether the claims had been timely denied.

Accordingly, the order, insofar as appealed from, is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 18, 2017

Similar decisions

New Millennium Med. Imaging, P.C. v Charter Oak Fire Ins. Co. (2019 NY Slip Op 51163(U))The insurer obtained summary judgment because its proof showed that it had issued no policy covering the loss.
New Millennium Med. Imaging, P.C. v Farmers Ins. Co. (2023 NY Slip Op 50091(U))The insurer's motion for summary judgment dismissing the provider's no-fault action as time-barred was denied.
New Millennium Med. Imaging, P.C. v 21st Century Ins. Co. (2022 NY Slip Op 50605(U))The provider failed to justify its late claim submission because the form sent to the wrong insurer bore the defendant insurer's name and address.
Metropolitan Diagnostic Med. Care, P.C. v American Tr. Ins. Co. (2016 NY Slip Op 50699(U))The provider failed to establish either an untimely denial or a timely denial that was legally insufficient.
New Millennium Med. Imaging, P.C. v GEICO (2022 NY Slip Op 50928(U))The insurer's motion to dismiss the no-fault action on statute-of-limitations grounds was denied, and the denial was affirmed.