September 13, 2012

Arco Med. NY, P.C. v Country-Wide Ins. Co. (2012 NY Slip Op 51815(U))

Headnote

The court considered the fact that the plaintiffs were appealing from an order of the Civil Court which denied their motion for summary judgment in an action to recover assigned first-party no-fault benefits. The main issue decided was whether the affidavit in support of the plaintiffs' motion had established that the bills at issue had not been timely denied or that the defendant had issued timely denials of claim that were conclusory, vague, or without merit as a matter of law. The decision was that the affidavit in support of the plaintiffs' motion had failed to establish their prima facie entitlement to summary judgment, and therefore, the order denying their motion for summary judgment was affirmed.

Reported in New York Official Reports at Arco Med. NY, P.C. v Country-Wide Ins. Co. (2012 NY Slip Op 51815(U))

Arco Med. NY, P.C. v Country-Wide Ins. Co. (2012 NY Slip Op 51815(U)) [*1]

Arco Med. NY, P.C. v Country-Wide Ins. Co.

2012 NY Slip Op 51815(U) [36 Misc 3d 159(A)]

Decided on September 13, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 13, 2012

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

PRESENT: : PESCE, P.J., RIOS and ALIOTTA, JJ
2011-748 K C.

Arco Medical NY, P.C., MEGACURE ACUPUNCTURE, P.C. and CHIROPRACTIC BACK CARE OF QUEENS VILLAGE as Assignees of AWATIF MOHAMMED, Appellants, —
against
Country-Wide Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Margaret A. Pui Yee Chan, J.), entered January 12, 2011. The order, insofar as appealed from, denied plaintiffs’ motion for summary judgment.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this action by providers to recover assigned first-party no-fault benefits, plaintiffs appeal from so much of an order of the Civil Court as denied their motion for summary judgment.

Upon a review of the record, we find that the affidavit in support of plaintiffs’ motion failed to establish that the bills at issue had not been timely denied or that defendant had issued timely denials of claim that were conclusory, vague or without merit as a matter of law. Thus, plaintiffs failed to demonstrate their prima facie entitlement to summary judgment (Ave T MPC Corp. v Auto One Ins. Co., 32 Misc 3d 128[A], 2011 NY Slip Op 51292[U] [App Term, 2d, 11th & 13th Jud Dists 2011]; see also Westchester Med. Ctr. v Nationwide Mut. Ins. Co., 78 AD3d [*2]1168 [2010]).

Accordingly, the order, insofar as appealed from, is affirmed.

Pesce, P.J., Rios and Aliotta, JJ., concur.
Decision Date: September 13, 2012