December 14, 2015

Prepetit Med., P.C. v Allstate Ins. Co. (2015 NY Slip Op 51879(U))

https://www.beynensonlaw.com/case-law/prepetit-med-p-c-v-allstate-ins-co-2015-ny-slip-op-51879u/

Court: Appellate Term, Second Department
Decided: December 14, 2015
Citation: 2015 NY Slip Op 51879(U) · 50 Misc 3d 128(A)
Posture: Other motion
Outcome: Insurer prevailed
Issues: Discovery and procedure

Cite as

Prepetit Med., P.C. v Allstate Ins. Co., 50 Misc 3d 128(A), 2015 NY Slip Op 51879(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015)

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 to compel the provider to appear for a deposition was granted and upheld on appeal. In the provider's action for assigned no-fault benefits, the Appellate Term, Second Department, affirmed the order, insofar as appealed from, for the reasons stated in Farshad D. Hannanian, M.D., P.C. v Allstate Ins. Co.

Reported in New York Official Reports at Prepetit Med., P.C. v Allstate Ins. Co. (2015 NY Slip Op 51879(U))

[*1]

Prepetit Med., P.C. v Allstate Ins. Co.

2015 NY Slip Op 51879(U) [50 Misc 3d 128(A)]

Decided on December 14, 2015

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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 14, 2015

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

PRESENT: : ALIOTTA, J.P., PESCE and SOLOMON, JJ.
2014-539 Q C

Prepetit Medical, P.C. as Assignee of Maria Padilla, Appellant,
against
Allstate Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered February 26, 2014. The order, insofar as appealed from, granted the branch of defendant’s motion seeking to compel plaintiff to appear for a deposition.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order of the Civil Court as granted the branch of defendant’s motion seeking to compel plaintiff to appear for a deposition.

For the reasons stated in Farshad D. Hannanian, M.D., P.C. v Allstate Ins. Co. (48 Misc 3d 136[A], 2015 NY Slip Op 51133[U] [App Term, 2d, 11th & 13th Jud Dists 2015]), the order, insofar as appealed from, is affirmed.

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

Decision Date: December 14, 2015

Cited in this decision

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

Farshad D. Hannanian, M.D., P.C. v Allstate Ins. Co. (2015 NY Slip Op 51133(U)) FollowedThe treating provider's deposition was material and necessary to the insurer's medical necessity defense despite a pending summary judgment motion.

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