February 9, 2012

Ave T MPC Corp. v Travelers Prop. Cas. Ins. Co. (2012 NY Slip Op 50232(U))

Headnote

The court considered a case in which Ave T MPC Corp., as assignee, sought to recover assigned first-party no-fault benefits from Travelers Property Casualty Ins. Co. The main issues decided were whether the plaintiff's action should be struck from the trial calendar and whether the plaintiff's owner should be compelled to undergo an examination before trial. The court held that because the notice of trial and certificate of readiness filed by the plaintiff contained the erroneous statement that discovery had been completed, the Civil Court properly granted the branch of defendant's motion seeking to strike the matter from the trial calendar. The court also found no basis to disturb the Civil Court's order compelling the plaintiff's owner to undergo an examination before trial, and therefore denied the plaintiff's cross motions seeking costs and sanctions.

Reported in New York Official Reports at Ave T MPC Corp. v Travelers Prop. Cas. Ins. Co. (2012 NY Slip Op 50232(U))

Ave T MPC Corp. v Travelers Prop. Cas. Ins. Co. (2012 NY Slip Op 50232(U)) [*1]

Ave T MPC Corp. v Travelers Prop. Cas. Ins. Co.

2012 NY Slip Op 50232(U) [34 Misc 3d 148(A)]

Decided on February 9, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 9, 2012

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : GOLIA, J.P., WESTON and RIOS, JJ
2010-262 K C.

Ave T MPC Corp. as Assignee of LARRY LOGGINS, DINA FADIN LEVINSON, KARIM WASHINGTON and REBECA GOMEZ, Appellant,
against
Travelers Property Casualty Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Alan Lebowitz, J.H.O.), entered September 22, 2009. The order, insofar as appealed from, granted the branches of defendant’s motion seeking to strike the action from the trial calendar and to compel plaintiff to produce plaintiff’s owner for an examination before trial, and denied plaintiff’s cross motions seeking, among other things, costs and sanctions.

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

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order as granted the branches of defendant’s motion seeking to strike the action from the trial calendar and to compel plaintiff to produce plaintiff’s owner for an examination before trial, and denied plaintiff’s cross motions seeking, among other things, costs and sanctions.

Because the notice of trial and certificate of readiness filed by plaintiff contained the erroneous statement that discovery had been completed, the Civil Court properly granted the branch of defendant’s motion seeking to strike the matter from the trial calendar (see Citywide [*2]Social Work & Psychological Servs., PLLC v Autoone Ins. Co., 32 Misc 3d 130[A], 2011 NY Slip Op 51308[U] [App Term, 2d, 11th & 13th Jud Dists 2011]; Allstate Social Work & Psychological Svcs., PLLC v GEICO Gen. Ins. Co., 29 Misc 3d 142[A], 2010 NY Slip Op 52162[U] [App Term, 2d, 11th & 13th Jud Dists 2010]). In addition, upon a review of the record, we see no basis to disturb so much of the Civil Court’s order as granted the branch of defendant’s motion seeking to compel plaintiff to produce plaintiff’s owner for an examination before trial. In light of the foregoing, plaintiff’s cross motions were properly denied.

Golia, J.P., Weston and Rios, JJ., concur.
Decision Date: February 09, 2012