May 24, 2011

Queens Brooklyn Med. Rehab, P.C. v New York Cent. Mut. Fire Ins. Co. (2011 NY Slip Op 50978(U))

https://www.beynensonlaw.com/case-law/queens-brooklyn-med-rehab-p-c-v-new-york-cent-mut-fire-ins-co-2011-nyslip-op-50978u/

Court: Appellate Term, Second Department
Decided: May 24, 2011
Citation: 2011 NY Slip Op 50978(U) · 31 Misc 3d 148(A)
Posture: Other motion
Outcome: Insurer prevailed
Issues: Discovery and procedure

Cite as

Queens Brooklyn Med. Rehab, P.C. v New York Cent. Mut. Fire Ins. Co., 31 Misc 3d 148(A), 2011 NY Slip Op 50978(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2011)

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 conditional discovery order became academic after a subsequent order dismissed the action. In the action for assigned no-fault benefits, the challenged order required bank account information, corporate tax returns, and billing and management agreements, with dismissal for noncompliance. After the Civil Court dismissed the action, the Appellate Term, Second Department, dismissed the appeal as academic, leaving the discovery requirements unreviewed.

Reported in New York Official Reports at Queens Brooklyn Med. Rehab, P.C. v New York Cent. Mut. Fire Ins. Co. (2011 NY Slip Op 50978(U))

[*1]

Queens Brooklyn Med. Rehab, P.C. v New York Cent. Mut. Fire Ins. Co.

2011 NY Slip Op 50978(U) [31 Misc 3d 148(A)]

Decided on May 24, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 24, 2011

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : GOLIA, J.P., PESCE and STEINHARDT, JJ
2009-1905 K C.

Queens Brooklyn Medical Rehab, P.C. as Assignee of LITISH BRIGGS, Appellant,
against
New York Central Mutual Fire Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered June 19, 2009. The order, insofar as appealed from as limited by the brief, granted the branch of defendant’s cross motion seeking to compel plaintiff to provide bank account information and produce copies of its corporate tax returns and its billing and management agreements, and provided that the complaint would be dismissed in the event plaintiff failed to comply with the order.

ORDERED that the appeal is dismissed as academic.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by its brief, from so much of an order of the Civil Court entered June 19, 2009 as granted the branch of defendant’s cross motion seeking to compel plaintiff to provide bank account information and produce copies of its corporate tax returns and its billing and management agreements, and provided that the complaint would be dismissed in the event plaintiff failed to comply with the order. Subsequent to the entry of the June 19, 2009 order, the Civil Court entered an order dismissing the action. The dismissal of the action rendered this appeal academic (see Livny v Rotella, 305 AD2d 377 [2003]; Delta Diagnostic Radiology, P.C. v Allstate Ins. Co., 2007 NY Slip Op 50673[U], 15 Misc 3d 131[A] [App Term, 2d & 11th Jud Dists 2007]; Vista Surgical Supplies, Inc. v Lumbermans Mut. Cas. Co., 13 Misc 3d 138[A], 2006 NY Slip Op 52221[U] [App Term, 2d & 11th Jud Dists 2006]; Fair Price Med. Supply Corp. v ELRAC Inc., 13 Misc 3d 33 [App Term, 2d & 11th Jud Dists 2006]).

Golia, J.P., Pesce and Steinhardt, JJ., concur.
Decision Date: May 24, 2011

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.
Vista Surgical Supplies, Inc. v Lumbermans Mut. Cas. Co. (2006 NY Slip Op 52221(U))The provider's appeal became academic after a later order dismissed the action for failure to attend a court-ordered deposition.
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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