September 15, 2017

Greenway Med. Supply Corp. v Elrac, Inc. (2017 NY Slip Op 51198(U))

Headnote

The defendant's summary judgment dismissing the complaint was affirmed on the defense of untimely claim submission under 11 NYCRR 65-2.4 (c). The Appellate Term, Second Department, relied on the reasons stated in Greenway Med. Supply Corp. v ELRAC, Inc. to uphold dismissal of the provider's claim for assigned no-fault benefits.

Reported in New York Official Reports at Greenway Med. Supply Corp. v Elrac, Inc. (2017 NY Slip Op 51198(U))

[*1]
Greenway Med. Supply Corp. v Elrac, Inc.
2017 NY Slip Op 51198(U) [57 Misc 3d 131(A)]
Decided on September 15, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 15, 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
2014-2053 Q C

Greenway Medical Supply Corp., as Assignee of Lubin, Sherline, Appellant,

against

ELRAC, Inc., Respondent.


The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Carman, Callahan & Ingham, LLP (Jeffrey P. Saxon, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered July 29, 2014. The order granted defendant’s 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 appeals from an order of the Civil Court which granted defendant’s motion for summary judgment dismissing the complaint on the ground that defendant had timely and properly denied the claim at issue based on its untimely submission (see 11 NYCRR 65-2.4 [c]).

For the reasons stated in Greenway Med. Supply Corp. v ELRAC, Inc. (54 Misc 3d 126[A], 2016 NY Slip Op 51774[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016]), the order is affirmed.

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


ENTER:
Paul Kenny
Chief Clerk
Decision Date: September 15, 2017

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