November 17, 2016
Art of Healing Medicine, P.C. v Allstate Ins. Co. (2016 NY Slip Op 51685(U))
https://www.beynensonlaw.com/case-law/art-of-healing-medicine-p-c-v-allstate-ins-co-2016-ny-slip-op51685u/
- Decided
- November 17, 2016
- Citation
- 2016 NY Slip Op 51685(U) · 53 Misc 3d 150(A)
- Posture
- Summary judgment
- Issues
- Other
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Summary
Editorial summary by Beynenson Law, not part of the court’s decision.
Reported in New York Official Reports at Art of Healing Medicine, P.C. v Allstate Ins. Co. (2016 NY Slip Op 51685(U))
| Art of Healing Medicine, P.C. v Allstate Ins. Co. |
| 2016 NY Slip Op 51685(U) [53 Misc 3d 150(A)] |
| Decided on November 17, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 17, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., ALIOTTA and ELLIOT, JJ.
2015-604 Q C
against
Allstate Insurance Company, Respondent.
Appeal from an order of the Civil Court of the City of New York, Queens County
(Ulysses Bernard Leverett, J.), entered February 10, 2015. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.
ORDERED that the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.
For the reasons stated in Art of Healing Medicine, P.C., as Assignee of James Dorsainvil v Allstate Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2014-2501 Q C], decided herewith), the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied.
Weston, J.P., Aliotta and Elliot, JJ., concur.
Decision Date: November 17, 2016
Similar decisions
- Healing Art Acupuncture, P.C. v Allstate Ins. Co. (2017 NY Slip Op 51821(U))The insurer failed to prove timely denials preserving its fee-schedule defense, and the provider failed to establish entitlement to summary judgment.
- Art of Healing Medicine, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51611(U))The insurer's summary judgment dismissing the provider's claims for the assignor's failure to attend duly scheduled EUOs was affirmed.
- Art of Healing Medicine, P.C. v New York Cent. Mut. Fire Ins. Co. (2013 NY Slip Op 50766(U))The insurer failed to obtain IME nonappearance dismissal, and the provider failed to establish its prima facie case for the disputed claim.
- Healing Art Acupuncture, P.C. v Country Wide Ins. Co. (2015 NY Slip Op 51465(U))The insurer proved its IME nonappearance defense to six claims but failed to establish timely denial of the first claim.
- Art of Healing Medicine, P.C. v Travelers Home & Mar. Ins. Co. (2007 NY Slip Op 51161(U))The providers' billing manager failed to lay a business-records foundation for their partial summary judgment motion.