April 6, 2011
Alev Med. Supply, Inc. v Progressive N. Ins. Co. (2011 NY Slip Op 50624(U))
https://www.beynensonlaw.com/case-law/alev-med-supply-inc-v-progressive-n-ins-co-2011-ny-slip-op50624u/
- Court
- Appellate Term, Second Department
- Decided
- April 6, 2011
- Citation
- 2011 NY Slip Op 50624(U) · 31 Misc 3d 134(A)
- Posture
- Other motion
- Outcome
- Insurer prevailed
- Issues
- Discovery and procedure
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.
Reported in New York Official Reports at Alev Med. Supply, Inc. v Progressive N. Ins. Co. (2011 NY Slip Op 50624(U))
| Alev Med. Supply, Inc. v Progressive N. Ins. Co. |
| 2011 NY Slip Op 50624(U) [31 Misc 3d 134(A)] |
| Decided on April 6, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : TANENBAUM, J.P., MOLIA and LaCAVA, JJ
.
against
PROGRESSIVE NORTHERN INSURANCE COMPANY, Respondent.
Appeal from an order of the District Court of Nassau County, Third District (Fred J. Hirsh, J.), dated March 22, 2010. The order denied plaintiff’s motion to strike defendant’s demand for a trial de novo.
ORDERED that the order is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, the parties participated in a mandatory arbitration proceeding (see Rules of the Chief Judge [22 NYCRR] part 28). Following the arbitration hearing, the arbitrator found in favor of plaintiff. Thereafter, defendant timely served and filed a demand for a trial de novo (see Rules of the Chief Judge [22 NYCRR] § 28.12). Plaintiff moved to strike the demand, asserting that, while defense counsel had appeared at the arbitration hearing, that appearance was tantamount to a default since defendant had attempted to establish its defense of lack of medical necessity through non-evidentiary submissions of counsel, and had not produced its doctor to testify. As a result, plaintiff contended, defendant was not entitled to demand a trial de novo (see Rules of the Chief Judge [22 NYCRR] § 28.12 [a]). The District Court denied plaintiff’s motion to strike defendant’s demand for a trial de novo, and this appeal by plaintiff ensued.
The order is affirmed (see B.Y., M.D., P.C. v Geico Indem. Co., 30 Misc 3d 132[A], 2011 NY Slip Op 50036[U] [App Term, 9th & 10th Jud Dists 2011]).
Tanenbaum, J.P., Molia and LaCava, JJ., concur.
[*2]
Decision Date: April 06, 2011
Cited in this decision
A label shows how this decision treated the case it cites.
- B.Y., M.D., P.C. v GEICO Indem. Co. (2011 NY Slip Op 50036(U)) FollowedThe insurer did not default at mandatory arbitration because its attorney participated by attempting to refute the providers' case.
Similar decisions
- B.Y., M.D., P.C. v Progressive N. Ins. Co. (2011 NY Slip Op 50081(U))An insurer does not default at mandatory arbitration merely because the arbitrator excludes the evidence its participating attorney offers.
- B.Y., M.D., P.C. v Progressive Direct Ins. Co. (2011 NY Slip Op 50080(U))An insurer does not default at mandatory arbitration merely because its participating attorney offers peer reviews excluded as hearsay.
- Richard Morgan DO, P.C. v Progressive Northeastern Ins. Co. (2011 NY Slip Op 50079(U))An insurer does not default at mandatory arbitration merely because the arbitrator excludes evidence offered by participating counsel.
- Alev Med. Supply, Inc. v Praetorian Ins. Co. (2013 NY Slip Op 51999(U))The provider's doctor's affirmation failed to rebut the insurer's peer review finding that the medical supplies lacked medical necessity.
- Alev Med. Supply, Inc. v Eveready Ins. Co. (2012 NY Slip Op 52184(U))The provider's action was premature because the insurer had not received all verification requested before suit commenced.