October 11, 2016

TAM Med. Supply Corp. v American Tr. Ins. Co. (2016 NY Slip Op 51505(U))

https://www.beynensonlaw.com/case-law/tam-med-supply-corp-v-american-tr-ins-co-2016-ny-slip-op51505u/

Court: Appellate Term, Second Department
Decided: October 11, 2016
Citation: 2016 NY Slip Op 51505(U) · 53 Misc 3d 139(A)
Posture: Summary judgment
Outcome: Split result
Issues: Verification requests

Cite as

TAM Med. Supply Corp. v American Tr. Ins. Co., 53 Misc 3d 139(A), 2016 NY Slip Op 51505(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016)

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 based on outstanding verification was denied on appeal. The Appellate Term, Second Department, modified the order and left the denial of the provider's motion intact. It relied on the companion appeal TAM Med. Supply Corp. v National Liab. & Fire Ins. Co., No. 2014-269 Q C, decided the same day.

Reported in New York Official Reports at TAM Med. Supply Corp. v American Tr. Ins. Co. (2016 NY Slip Op 51505(U))

[*1]

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

2016 NY Slip Op 51505(U) [53 Misc 3d 139(A)]

Decided on October 11, 2016

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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 11, 2016

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

PRESENT:
2014-240 Q C October 11, 2016 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd, 11th & 13th JUDICIAL DISTRICTS

TAM Medical Supply Corp., as Assignee of Luis Rojas, Appellant, DECIDED
against
American Transit Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered December 17, 2013. 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, by order entered December 17, 2013, the Civil Court denied plaintiff’s motion for summary judgment, and granted defendant’s cross 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 TAM Med. Supply Corp., as Assignee of Shameca Dudley v National Liab. & Fire Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2014-269 Q C], decided herewith), the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: October 11, 2016

Similar decisions

Tam Med. Supply Corp. v National Liab. & Fire Ins. Co. (2016 NY Slip Op 51533(U))The parties' competing motions for summary judgment on the provider's no-fault claims were both denied on appeal.
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 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 State Farm Mut. Auto. Ins. Co. (2016 NY Slip Op 51327(U))The insurer's motion for summary judgment dismissing the provider's assigned no-fault claims was granted and affirmed on appeal.
Tam Med. Supply Corp. v Fiduciary Ins. Co. of Am. (2016 NY Slip Op 51352(U))The insurer established that it first learned of the accident through an NF-2 form submitted more than 30 days after the accident.