August 18, 2017

Compas Med., P.C. v Hereford Ins. Co. (2017 NY Slip Op 51084(U))

Headnote

The relevant facts that the court considered in this case were that Compas Medical, P.C. was seeking to recover first-party no-fault benefits as the assignee of Pierre, Eddy. Compas Medical, P.C. moved for summary judgment, but Hereford Insurance Co. opposed the motion and cross-moved for summary judgment, arguing that insurance coverage was not provided for the vehicle involved in the accident at the time of the incident. The main issue decided by the court was whether Hereford Insurance Co. was obligated to provide insurance coverage for the vehicle on the date of the accident in question. The court ultimately held that the order denying the plaintiff's motion for summary judgment and granting the defendant's cross motion for summary judgment was affirmed. In summary, the court considered the insurance coverage for the vehicle at the time of the accident and ultimately decided in favor of Hereford Insurance Co., affirming the denial of the plaintiff's motion for summary judgment and the granting of the defendant's cross motion for summary judgment.

Reported in New York Official Reports at Compas Med., P.C. v Hereford Ins. Co. (2017 NY Slip Op 51084(U))

Compas Med., P.C. v Hereford Ins. Co. (2017 NY Slip Op 51084(U)) [*1]

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

2017 NY Slip Op 51084(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2014-1320 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.

For the reasons stated in Compas Med., P.C., as Assignee of Pierre, Eddy v Hereford Ins. Co. (___ Misc 3d ___, 2017 NY Slip Op ______ [appeal No. 2014-1319 Q C], decided herewith), the order is affirmed.

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

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