August 18, 2017

Compas Med., P.C. v Hereford Ins. Co. (2017 NY Slip Op 51083(U))

https://www.beynensonlaw.com/case-law/compas-med-p-c-v-hereford-ins-co-2017-ny-slip-op-51083u/

Court: Appellate Term, Second Department
Decided: August 18, 2017
Citation: 2017 NY Slip Op 51083(U) · 56 Misc 3d 139(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: Policy issues

Cite as

Compas Med., P.C. v Hereford Ins. Co., 56 Misc 3d 139(A), 2017 NY Slip Op 51083(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017)

Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.

Summary

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

The insurer's record-search affidavit established that no relevant policy was in effect on the accident date, and the provider raised no factual issue. The insurer opposed the provider's summary judgment motion and cross-moved to dismiss on the ground that it did not cover the vehicle on that date. Its employee described the record search and reported that no relevant policy was in effect. That affidavit established prima facie that the claim did not arise from a covered incident under Central Gen. Hosp. v Chubb Group of Ins. Cos. The Appellate Term, Second Department, affirmed denial of the provider's motion and grant of the insurer's cross motion dismissing the complaint.

Reported in New York Official Reports at Compas Med., P.C. v Hereford Ins. Co. (2017 NY Slip Op 51083(U))

[*1]

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

2017 NY Slip Op 51083(U) [56 Misc 3d 139(A)]

Decided on August 18, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 18, 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
2014-1319 Q C

Compas Medical, P.C., as Assignee of Pierre, Eddy, Appellant,
against
Hereford Insurance Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Law Offices of Rubin & Nazarian (Lawrence R. Miles, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered May 20, 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 moved for summary judgment. Defendant opposed the motion and cross-moved for summary judgment dismissing the complaint on the ground that defendant did not provide insurance coverage for the vehicle in question on the date of the accident at issue. By order entered May 20, 2014, the Civil Court denied plaintiff’s motion and granted defendant’s cross motion.

In support of its cross motion and in opposition to plaintiff’s motion, defendant submitted an affidavit by its employee who described the details of a record search she had performed and stated that her search had revealed that there was no relevant Hereford Insurance Company policy in effect on the date of the accident in question. We find that defendant’s affidavit was sufficient to demonstrate, prima facie, that plaintiff’s claim did not arise out of a covered incident (see [*2]Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 NY2d 195, 199 [1997]). As plaintiff failed to raise a triable issue of fact, the Civil Court properly denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint (see Zuckerman v City of New York, 49 NY2d 557 [1980]).

Accordingly, the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 18, 2017

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