September 22, 2017

Greenway Med. Supply Corp. v ELRAC, Inc. (2017 NY Slip Op 51236(U))

Headnote

The defendant's summary judgment dismissing the complaint was affirmed on its defense of untimely accident notice. The Appellate Term, Second Department, relied on the reasons stated in Compas Med., P.C. v ELRAC, Inc. to uphold dismissal of the provider's assigned no-fault claim under 11 NYCRR 65-2.4 (a) and (b).

Reported in New York Official Reports at Greenway Med. Supply Corp. v ELRAC, Inc. (2017 NY Slip Op 51236(U))

[*1]
Greenway Med. Supply Corp. v ELRAC, Inc.
2017 NY Slip Op 51236(U) [57 Misc 3d 132(A)]
Decided on September 22, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 22, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN SOLOMON, JJ
2014-1106 K C

Greenway Medical Supply Corp., as Assignee of Joseph Daniel, Appellant,

against

ELRAC, Inc., Respondent.


The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Carman, Callahan & Ingham, LLP (Paul A. Barrett, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered February 18, 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 it had not received timely notice of the accident (see 11 NYCRR 65-2.4 [a], [b]).

For the reasons stated in Compas Med., P.C. v ELRAC, Inc. (53 Misc 3d 138[A], 2016 NY Slip Op 51497[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 22, 2017

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