September 8, 2017
Compas Med., P.C. v American Tr. Ins. Co. (2017 NY Slip Op 51147(U))
https://www.beynensonlaw.com/case-law/compas-med-p-c-v-american-tr-ins-co-2017-ny-slip-op-51147u/
- Decided
- September 8, 2017
- Citation
- 2017 NY Slip Op 51147(U) · 57 Misc 3d 127(A)
- Posture
- Summary judgment
- Outcome
- Insurer prevailed
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Summary
Editorial summary by Beynenson Law, not part of the court’s decision.
Reported in New York Official Reports at Compas Med., P.C. v American Tr. Ins. Co. (2017 NY Slip Op 51147(U))
| Compas Med., P.C. v American Tr. Ins. Co. |
| 2017 NY Slip Op 51147(U) [57 Misc 3d 127(A)] |
| Decided on September 8, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 September 8, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2014-1825 Q C
against
American Transit Ins. Co., Respondent.
The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum, Esq.), for respondent.
Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered June 30, 2014. 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 affirmed, with $25 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.
Defendant’s cross motion for summary judgment was based upon the defense, among others, that defendant had not received timely notice of the accident (see 11 NYCRR § 65-1.1). Contrary to plaintiff’s sole argument on appeal with respect to that defense, the Civil Court correctly granted defendant’s cross motion for summary judgment dismissing the complaint, as the proof submitted by defendant established that it had not received timely notice of the accident, which proof was not rebutted by plaintiff.
We reach no other issue.
Accordingly, the order is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.
Paul Kenny
Chief Clerk
Decision Date: September 08, 2017
Similar decisions
- Compas Med., P.C. v New York Cent. Mut. Fire Ins. Co. (2016 NY Slip Op 51417(U))The insurer established proper mailing of verification requests and denials and timely denial after receipt of verification.
- Compas Med., P.C. v Allstate Ins. Co. (2017 NY Slip Op 51463(U))The insurer's affidavit failed to establish timely mailing of its denial forms through a sufficient office practice or procedure.
- Compas Med., P.C. v Hartford Ins. Co. (2017 NY Slip Op 50953(U))The insurer's submissions established a presumption that its IME nonappearance denials were timely and properly mailed.
- Compas Med., P.C. v Delos Ins. Co. (2012 NY Slip Op 51715(U))The insurer's cross motion for summary judgment was denied because a triable issue remained as to whether verification was outstanding.
- Compas Med., P.C. v Hereford Ins. Co. (2017 NY Slip Op 51084(U))The insurer's cross motion for summary judgment based on lack of coverage for the vehicle on the accident date was granted and affirmed.