March 6, 2012

Sigma Psychological, P.C. v Chubb Indem. Ins. Co. (2012 NY Slip Op 50412(U))

https://www.beynensonlaw.com/case-law/sigma-psychological-p-c-v-chubb-indem-ins-co-2012-ny-slip-op50412u/

Court: Appellate Term, Second Department
Decided: March 6, 2012
Citation: 2012 NY Slip Op 50412(U) · 34 Misc 3d 156(A)
Posture: Other motion
Issues: Discovery and procedure

Cite as

Sigma Psychological, P.C. v Chubb Indem. Ins. Co., 34 Misc 3d 156(A), 2012 NY Slip Op 50412(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012)

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 provider's appeal from a discovery order became academic after Civil Court subsequently dismissed the complaint. The challenged order granted the insurer's motion under CPLR 3126 only to the extent of vacating the notice of trial and compelling responses to discovery demands. Because the later dismissal rendered that appeal academic, the Appellate Term, Second Department, dismissed the appeal without reviewing the discovery order's merits.

Reported in New York Official Reports at Sigma Psychological, P.C. v Chubb Indem. Ins. Co. (2012 NY Slip Op 50412(U))

[*1]

Sigma Psychological, P.C. v Chubb Indem. Ins. Co.

2012 NY Slip Op 50412(U) [34 Misc 3d 156(A)]

Decided on March 6, 2012

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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 6, 2012

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

PRESENT: : WESTON, J.P., RIOS and ALIOTTA, JJ
2010-567 K C.

Sigma Psychological, P.C. as Assignee of DMITRIY KESELMAN and JULIA KESELMAN, Appellant, – –
against
Chubb Indemnity Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Johnny Lee Baynes, J.), entered November 17, 2009. The order granted defendant’s motion to vacate a notice of trial and dismiss the complaint pursuant to CPLR 3126 to the extent of vacating the notice of trial and compelling plaintiff to respond to defendant’s discovery demands.

ORDERED that the appeal is dismissed as academic.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court entered November 17, 2009 which granted defendant’s motion to vacate a notice of trial and dismiss the complaint pursuant to CPLR 3126 to the extent of vacating the notice of trial and compelling plaintiff to respond to defendant’s discovery demands. Subsequent to the entry of the November 17, 2009 order, the Civil Court entered an order dismissing the complaint. The dismissal of the complaint renders this appeal academic (see Livny v Rotella, 305 AD2d 377 [2003]; Delta Diagnostic Radiology, P.C. v Allstate Ins. Co., 15 Misc 3d 131[A], 2007 NY Slip Op 50673[U] [App Term, 2d & 11th Jud Dists 2007]; Fair Price Med. Supply Corp. v ELRAC Inc., 13 Misc 3d 33 [App Term, 2d & 11th Jud Dists [*2]2006]).

Accordingly, the appeal is dismissed.

Weston, J.P., Rios and Aliotta, JJ., concur.
Decision Date: March 06, 2012

Cited in this decision

Delta Diagnostic Radiology, P.C. v Allstate Ins. Co. (2007 NY Slip Op 50673(U))The provider's appeal from an order compelling depositions became academic after the action was dismissed for noncompliance.
Fair Price Med. Supply Corp. v ELRAC Inc. (2006 NY Slip Op 26350)The provider's appeal from denial of summary judgment and compelled discovery became academic when Civil Court later dismissed the action.

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Sigma Psychological, P.C. v GEICO (2012 NY Slip Op 50868(U))The insurer's sworn peer review established lack of medical necessity for psychological services, and the provider did not rebut it.
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