November 1, 2016

Adelaida M. Laga, Pt v 21st Century Ins. Co. (2016 NY Slip Op 51623(U))

Headnote

The court considered a motion seeking summary judgment dismissing the first through fourth causes of action. The provider, Adelaida M. Laga, PT, was seeking to recover assigned first-party no-fault benefits from 21st Century Insurance Company. The main issue decided was whether the denial of claim forms at issue had been timely mailed, and the court found that the defendant had indeed established that they had been mailed in a timely manner. The holding of the case was that the order, insofar as appealed from, was affirmed, with $25 costs, and the defendant's motion seeking summary judgment dismissing the first through fourth causes of action was granted.

Reported in New York Official Reports at Adelaida M. Laga, Pt v 21st Century Ins. Co. (2016 NY Slip Op 51623(U))

Adelaida M. Laga, Pt v 21st Century Ins. Co. (2016 NY Slip Op 51623(U)) [*1]

Adelaida M. Laga, PT v 21st Century Ins. Co.

2016 NY Slip Op 51623(U) [53 Misc 3d 148(A)]

Decided on November 1, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 1, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-503 Q C

Adelaida M. Laga, PT, as Assignee of JARRET JACOBS, Appellant,
against
21st Century Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered February 24, 2014. The order, insofar as appealed from, granted the branches of defendant’s motion seeking summary judgment dismissing the first through fourth causes of action.

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 branches of defendant’s motion seeking summary judgment dismissing the first through fourth causes of action.

Contrary to plaintiff’s sole contention, defendant established that the denial of claim forms at issue had been timely mailed (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]; see also Acupuncture Healthcare Plaza I, P.C. v Truck Ins. Exch., 50 Misc 3d 146[A], 2016 NY Slip Op 50309[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016]). Accordingly, the order, insofar as appealed from, is affirmed.

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

Decision Date: November 01, 2016