June 23, 2017

Charles Deng Acupuncture, P.C. v Country Wide Ins. Co. (2017 NY Slip Op 50864(U))

https://www.beynensonlaw.com/case-law/charles-deng-acupuncture-p-c-v-country-wide-ins-co-2017-ny-slip-op50864u/

Court: Appellate Term, Second Department
Decided: June 23, 2017
Citation: 2017 NY Slip Op 50864(U) · 56 Misc 3d 130(A)
Posture: Summary judgment
Outcome: Split result
Issues: Other

Cite as

Charles Deng Acupuncture, P.C. v Country Wide Ins. Co., 56 Misc 3d 130(A), 2017 NY Slip Op 50864(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017)

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Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The insurer's cross motion for summary judgment dismissing the provider's assigned no-fault claims was denied on appeal. The Appellate Term, Second Department, relied on the reasons stated in Island Life Chiropractic Pain Care, PLLC v Country Wide Ins. Co. It modified the order to deny the insurer's cross motion while leaving the denial of the provider's summary judgment motion intact.

Reported in New York Official Reports at Charles Deng Acupuncture, P.C. v Country Wide Ins. Co. (2017 NY Slip Op 50864(U))

[*1]

Charles Deng Acupuncture, P.C. v Country Wide Ins. Co.

2017 NY Slip Op 50864(U) [56 Misc 3d 130(A)]

Decided on June 23, 2017

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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 23, 2017

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

PRESENT: : DAVID ELLIOT, J.P., MICHAEL L. PESCE, MARTIN M. SOLOMON, JJ
2016-446 Q C

Charles Deng Acupuncture, P.C., as Assignee of Tanis, Leonel, Appellant,
against
Country Wide Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Jaffe & Koumourdas, LLP (Jean H. Kang, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Terrence C. O’Connor, J.), entered November 23, 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 Island Life Chiropractic Pain Care, PLLC v Country Wide Ins. Co. (53 Misc 3d 131[A], 2016 NY Slip Op 51378[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016]), the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied.

ELLIOT, J.P., PESCE and SOLOMON, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: June 23, 2017

Cited in this decision

A label shows how this decision treated the case it cites.

Island Life Chiropractic, P.C. v Country Wide Ins. Co. (2016 NY Slip Op 51378(U)) FollowedThe insurer failed to prove mailing of a cancellation notice, and conflicting affidavits raised a factual issue over claim submission.

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Charles Deng Acupuncture, P.C. v New S. Ins. Co. (2017 NY Slip Op 51189(U))The insurer's summary judgment dismissal was affirmed because the provider's challenges lacked merit or were first raised on appeal.
Charles Deng Acupuncture, P.C. v Nationwide Ins. (2022 NY Slip Op 50580(U))The provider's arguments against the insurer's summary judgment motion were unpreserved because they were raised for the first time on appeal.
Charles Deng Acupuncture, P.C. v Allstate Ins. Co. (2019 NY Slip Op 51693(U))Both summary judgment motions were denied because neither side established the requisite showing concerning the insurer's denials.
Charles Deng Acupuncture, P.C. v 21st Century Ins. Co. (2017 NY Slip Op 51197(U))The provider's summary judgment motion on one claim was denied on appeal because the propriety of the insurer's denial remained disputed.
Charles Deng Acupuncture, P.C. v Zurich Am. Ins. Co. (2018 NY Slip Op 51554(U))The insurer's cross motion for summary judgment was upheld because its proof established that it had issued no policy covering the loss.