August 31, 2012

Compas Med., P.C. v Delos Ins. Co. (2012 NY Slip Op 51715(U))

Headnote

The court considered whether there was a triable issue of fact as to whether verification was outstanding in the case of Compas Medical, P.C. as Assignee of TRINA GREEN v. Delos Insurance Company. The main issue decided was whether the Civil Court properly denied the defendant's cross motion for summary judgment dismissing the complaint. The court held that there was a triable issue of fact as to whether verification is outstanding, and therefore affirmed the order without costs. The decision was made by Pesce, P.J., Rios and Aliotta, JJ. on August 31, 2012.

Reported in New York Official Reports at Compas Med., P.C. v Delos Ins. Co. (2012 NY Slip Op 51715(U))

Compas Med., P.C. v Delos Ins. Co. (2012 NY Slip Op 51715(U)) [*1]

Compas Med., P.C. v Delos Ins. Co.

2012 NY Slip Op 51715(U) [36 Misc 3d 153(A)]

Decided on August 31, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 31, 2012

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

PRESENT: : PESCE, P.J., RIOS and ALIOTTA, JJ
2011-373 K C.

Compas Medical, P.C. as Assignee of TRINA GREEN, Respondent, —
against
Delos Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered November 23, 2010. The order, insofar as appealed from, denied defendant’s cross motion for summary judgment dismissing the complaint.

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, the Civil Court properly denied defendant’s cross motion for summary judgment dismissing the complaint, as there is a triable issue of fact as to whether verification is outstanding. Accordingly, the order, insofar as appealed from, is affirmed.

Pesce, P.J., Rios and Aliotta, JJ., concur.
Decision Date: August 31, 2012