February 1, 2013

D & R Med. Supply, Inc. v Liberty Mut. Ins. Co. (2013 NY Slip Op 50179(U))

https://www.beynensonlaw.com/case-law/d-r-med-supply-inc-v-liberty-mut-ins-co-2013-ny-slip-op50179u/

Court: Appellate Term, Second Department
Decided: February 1, 2013
Citation: 2013 NY Slip Op 50179(U) · 38 Misc 3d 137(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: Other

Cite as

D & R Med. Supply, Inc. v Liberty Mut. Ins. Co., 38 Misc 3d 137(A), 2013 NY Slip Op 50179(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2013)

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 cross motion, in effect, for summary judgment dismissing the provider's no-fault complaint was granted and affirmed on appeal. The Appellate Term, Second Department, affirmed the order, which also denied the provider's summary judgment motion, for the reasons stated in D & R Med. Supply v American Tr. Ins. Co., without giving independent reasoning.

Reported in New York Official Reports at D & R Med. Supply, Inc. v Liberty Mut. Ins. Co. (2013 NY Slip Op 50179(U))

[*1]

D & R Med. Supply, Inc. v Liberty Mut. Ins. Co.

2013 NY Slip Op 50179(U) [38 Misc 3d 137(A)]

Decided on February 1, 2013

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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 1, 2013

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

PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2010-2768 K C.

D & R Medical Supply, Inc. as Assignee of MARINA LEBEDEVA, Appellant, —
against
Liberty Mutual Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered August 4, 2010. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross motion, in effect, 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 that denied its motion for summary judgment and granted defendant’s cross motion, in effect, for summary judgment dismissing the complaint.

For the reasons stated in D & R Med. Supply v American Tr. Ins. Co. (32 Misc 3d 144[A], 2011 NY Slip Op 51727[U] [App Term, 2d, 11th & 13th Jud Dists 2011]), the order is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur. [*2]
Decision Date: February 01, 2013

Cited in this decision

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

D & R Med. Supply v American Tr. Ins. Co. (2011 NY Slip Op 51727(U)) FollowedThe provider's incomplete verification responses left the insurer's time to pay or deny untriggered and the action premature.

Similar decisions

D & R Med. Supply, Inc. v Safeco Ins. Co. (2010 NY Slip Op 51179(U))The provider's summary judgment motion was denied on appeal because its billing affidavit failed to establish admissible business records.
Lidas Med. Supply, Inc. v Global Liberty Ins. (2019 NY Slip Op 51733(U))The provider's summary judgment motion was denied on appeal for failure to establish the required proof concerning claim denial.
Daily Med. Equip. Distrib. Ctr., Inc. v American Tr. Ins. Co. (2015 NY Slip Op 51897(U))A declaratory judgment denying a provider's accident-related no-fault entitlement has preclusive effect even if entered on default.
Active Care Med. Supply Corp. v American Tr. Ins. Co. (2018 NY Slip Op 50828(U))The insurer's motion for summary judgment dismissing the provider's no-fault complaint was granted, and the provider's cross motion was denied.
We Do Care Med. Supply, Inc. v American Tr. Ins. Co. (2011 NY Slip Op 50784(U))The insurer's unrebutted peer reviews established that the medical supplies lacked medical necessity.