August 11, 2017

TAM Med. Supply Corp. v American Tr. Ins. Co. (2017 NY Slip Op 51025(U))

https://www.beynensonlaw.com/case-law/tam-med-supply-corp-v-american-tr-ins-co-2017-ny-slip-op51025u/

Court: Appellate Term, Second Department
Decided: August 11, 2017
Citation: 2017 NY Slip Op 51025(U) · 56 Misc 3d 137(A)
Posture: Summary judgment
Outcome: Provider prevailed
Issues: Verification requests

Cite as

TAM Med. Supply Corp. v American Tr. Ins. Co., 56 Misc 3d 137(A), 2017 NY Slip Op 51025(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 motion for summary judgment based on outstanding verification was denied on appeal. The Appellate Term, Second Department, reversed the order dismissing the provider's action as premature for failure to supply requested verification, for the reasons stated in the companion appeal, Pierre Jean Jacques Renelique v American Tr. Ins. Co., decided the same day, No. 2014-1538 Q C.

Reported in New York Official Reports at TAM Med. Supply Corp. v American Tr. Ins. Co. (2017 NY Slip Op 51025(U))

[*1]

TAM Med. Supply Corp. v American Tr. Ins. Co.

2017 NY Slip Op 51025(U) [56 Misc 3d 137(A)]

Decided on August 11, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 11, 2017

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2014-1584 Q C

TAM Medical Supply Corp., as Assignee of Musseden, Sheldon, Appellant,
against
American Transit Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered June 13, 2014. The order granted defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is denied.

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 on the ground that the action was premature because plaintiff had failed to provide requested verification.

For the reasons stated in Pierre Jean Jacques Renelique, as Assignee of Nathalia Brown v American Tr. Ins. Co. (___ Misc 3d ____, 2017 NY Slip Op _____ [appeal No. 2014-1538 Q C], decided herewith), the order is reversed and defendant’s motion for summary judgment dismissing the complaint is denied.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 11, 2017

Similar decisions

Tam Med. Supply Corp. v New York Cent. Mut. Fire Ins. Co. (2016 NY Slip Op 50914(U))The insurer's summary judgment motion asserting that outstanding verification made the provider's action premature was denied on appeal.
TAM Med. Supply Corp. v Travelers Ins. Co. (2017 NY Slip Op 51251(U))The provider's affidavit raised a triable issue as to verification receipt and defeated the insurer's prematurity motion.
TAM Med. Supply Corp. v 21st Century Ins. Co. (2016 NY Slip Op 51509(U))The insurer's summary judgment motion based on outstanding verification was denied on appeal.
TAM Med. Supply Corp. v Tri State Consumers Ins. Co. (2017 NY Slip Op 51247(U))The provider's affidavit raised a triable issue as to whether it supplied verification sought under the 120-day rule.
Tam Med. Supply Corp. v Hereford Ins. Co. (2017 NY Slip Op 51196(U))The provider's affidavit raised a factual issue over whether requested verification remained outstanding.