February 2, 2012

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

https://www.beynensonlaw.com/case-law/exact-med-servs-p-c-v-allstate-ins-co-2012-ny-slip-op-50205u/

Court: Appellate Term, Second Department
Decided: February 2, 2012
Citation: 2012 NY Slip Op 50205(U) · 34 Misc 3d 148(A)
Posture: Default or vacatur
Outcome: Provider prevailed
Issues: Defaults and vacatur

Cite as

Exact Med. Servs., P.C. v Allstate Ins. Co., 34 Misc 3d 148(A), 2012 NY Slip Op 50205(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012)

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 providers' motion to restore the no-fault action to the trial calendar under 22 NYCRR 208.14 (c) was granted and affirmed on appeal. An administrator had been appointed after one provider's owner died to preserve the estate and prevent loss. The Appellate Term, Second Department, affirmed for the reasons stated in the companion appeal decided the same day, Eastern Star Acupuncture, P.C. v Allstate Ins. Co., No. 2010-2113 Q C.

Reported in New York Official Reports at 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This opinion is uncorrected and will not be published in the printed Official Reports.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

Similar decisions

Eastern Star Acupuncture, P.C. v Allstate Ins. Co. (2012 NY Slip Op 22029)A physician's estate administrator need not be medically licensed to authorize prosecution of the professional corporation's claims.
First Help Acupuncture, P.C. v General Assur. Co. (2012 NY Slip Op 50142(U))A provider seeking to restore a case more than one year after it was marked off must show a meritorious claim and a reasonable excuse for delay.
N.S. Acupuncture Servs., P.C. v Allstate Ins. Co. (2014 NY Slip Op 51258(U))The provider's appeal from the grant of the insurer's unopposed vacatur cross motion was dismissed because no appeal lies from a party's default.
W & Z Acupuncture, P.C. v Allstate Ins. Co. (2010 NY Slip Op 52385(U))The provider's appeal from a discovery order became academic after the action was dismissed for noncompliance with that order.
GL Acupuncture, P.C. v Allstate Ins. Co. (2016 NY Slip Op 51328(U))The insurer's fee schedule defense did not support summary judgment because its affidavits failed to establish timely mailing of denials.