October 25, 2012

Delta Diagnostic Radiology, P.C. v Integon Natl. Ins. Co. (2012 NY Slip Op 52081(U))

Headnote

The relevant facts considered by the court in this case include an action by a provider to recover assigned first-party no-fault benefits, in which the defendant's motion for summary judgment dismissing the complaint was granted and the plaintiff's cross motion for summary judgment was denied. The main issue decided by the court was whether the evidence proffered by the defendant in support of its motion, including a police report that was not certified, was admissible. The court held that the defendant had submitted NF-2 forms from the assignors of the plaintiff, both of which asserted that the accident occurred in North Carolina, and that the remaining contentions of the plaintiff lacked merit. As a result, the court affirmed the order, finding that the plaintiff failed to raise any triable issue of fact in response to the defendant's motion.

Reported in New York Official Reports at Delta Diagnostic Radiology, P.C. v Integon Natl. Ins. Co. (2012 NY Slip Op 52081(U))

Delta Diagnostic Radiology, P.C. v Integon Natl. Ins. Co. (2012 NY Slip Op 52081(U)) [*1]

Delta Diagnostic Radiology, P.C. v Integon Natl. Ins. Co.

2012 NY Slip Op 52081(U) [37 Misc 3d 134(A)]

Decided on October 25, 2012

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected in part through December 3, 2012; it will not be published in the printed Official Reports.

Decided on October 25, 2012

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

PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2010-3101 K C.

Delta Diagnostic Radiology, P.C. as Assignee of ARCHIE COLEMAN and KEVIN COLEMAN, Appellant,
against
Integon National Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered December 8, 2009. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

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 granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

On appeal, plaintiff challenges the admissibility of the evidence proffered by defendant in support of its motion. For example, plaintiff contends that defendant did not establish that the accident in question occurred in North Carolina, because the police report submitted by defendant was not certified. However, the NF-2 forms submitted by plaintiff’s two assignors both asserted that the accident occurred in North Carolina. Plaintiff’s remaining contentions [*2]equally lack merit. Accordingly, as plaintiff failed to raise any triable issue of fact in response to defendant’s motion, the order is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: October 25, 2012