February 2, 2012

Exact Med. Servs., P.C. v Allstate Ins. Co. (2012 NY Slip Op 50205(U))

Headnote

The relevant facts considered by the court were that the Civil Court granted the plaintiffs' motion to restore the action to the trial calendar pursuant to Uniform Rules for New York City Civil Court. The owner of plaintiff Exact Medical Services, P.C. had passed away and an administrator had been appointed to preserve the estate's value. The main issue decided was whether the action should be restored to the trial calendar, and the holding was that the order granting the restoration was affirmed by the court. The decision was made based on similar reasons as another case, and the judges Weston, Pesce, and Rios all concurred with the decision.

Reported in New York Official Reports at Exact Med. Servs., P.C. v Allstate Ins. Co. (2012 NY Slip Op 50205(U))

Exact Med. Servs., P.C. v Allstate Ins. Co. (2012 NY Slip Op 50205(U)) [*1]

Exact Med. Servs., P.C. v Allstate Ins. Co.

2012 NY Slip Op 50205(U) [34 Misc 3d 148(A)]

Decided on February 2, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 2, 2012

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WESTON, J.P., PESCE and RIOS, JJ
2010-1756 Q C.

Exact Medical Services, P.C., NY DIRECT PHYSICAL THERAPY, P.C. and POINT OF HEALTH ACUPUNCTURE, P.C. as Assignees of JUSTINE BOFFA, Respondents,
against
Allstate Insurance Co., Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered July 9, 2010. The order granted plaintiffs’ motion to restore the action to the trial calendar.

ORDERED that the order is affirmed, without costs.

In this action by providers to recover assigned first-party no-fault benefits, the Civil Court granted plaintiffs’ motion to restore the action to the trial calendar pursuant to Uniform Rules for New York City Civil Court (22 NYCRR) § 208.14 (c). The owner of plaintiff Exact Medical Services, P.C. was Dr. Ronald Collins, who passed away on September 15, 2008. Anna Val, Esq., was appointed as the administrator of the estate of Dr. Collins on September 9, 2009. Her role was to preserve the value of, and prevent loss to, the estate.

For the reasons stated in Eastern Star Acupuncture, P.C. v Allstate Ins. Co. ( Misc 3d , 2012 NY Slip Op [Appeal No. 2010-2113 Q C], decided herewith), the order is affirmed.

Weston, J.P., Pesce and Rios, JJ., concur.
Decision Date: February 02, 2012