August 11, 2017

Active Care Med. Supply Corp. v Travelers Ins. Co. (2017 NY Slip Op 51034(U))

Headnote

The court considered the case of Active Care Medical Supply Corp., as assignee of Guzman, Steven, appealing an order from the Civil Court of the City of New York, Queens County, which granted the defendant's motion for summary judgment dismissing the complaint. The main issue decided was whether the action by the plaintiff to recover assigned first-party no-fault benefits was premature due to the plaintiff's failure to provide requested verification. The holding of the case was that the order of the Civil Court was reversed and the defendant's motion for summary judgment dismissing the complaint was denied, citing similar reasoning to another case decided herewith. This decision was reached by the Appellate Term, Second Department.

Reported in New York Official Reports at Active Care Med. Supply Corp. v Travelers Ins. Co. (2017 NY Slip Op 51034(U))

Active Care Med. Supply Corp. v Travelers Ins. Co. (2017 NY Slip Op 51034(U)) [*1]

Active Care Med. Supply Corp. v Travelers Ins. Co.

2017 NY Slip Op 51034(U) [56 Misc 3d 138(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2014-1849 Q C

Active Care Medical Supply Corp., as Assignee of Guzman, Steven, Appellant,
against
Travelers Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Law Office of Aloy O. Ibuzor (Theresa Carrubba, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered July 22, 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 is 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