December 23, 2011

Heights Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co. (2011 NY Slip Op 52326(U))

Headnote

The court considered the motion for summary judgment made by the defendant to dismiss the complaint filed by Heights Medical Care, P.C., related to a first-party no-fault claim. The main issue decided was whether the defendant was entitled to summary judgment dismissing the claim. The holding of the court was that the defendant was entitled to summary judgment dismissing the plaintiff's claim in the sum of $395.69 since the plaintiff failed to respond to the defendant's timely and proper verification request. The court also determined that the plaintiff's remaining no-fault claims were not ripe for summary disposition, as there were triable issues regarding the defendant's verification and fraud defenses.

Reported in New York Official Reports at Heights Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co. (2011 NY Slip Op 52326(U))

Heights Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co. (2011 NY Slip Op 52326(U)) [*1]

Heights Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co.

2011 NY Slip Op 52326(U) [34 Misc 3d 130(A)]

Decided on December 23, 2011

Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 23, 2011

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
11-197.

Heights Medical Care, P.C., a/a/o Marvin Edmonds, Plaintiff-Respondent, – –
against
New York Central Mutual Fire Insurance Company, Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Mitchell J. Danziger, J.), dated December 3, 2010, which denied its motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Mitchell J. Danziger, J.), dated December 3, 2010, modified to grant defendant’s motion for summary judgment dismissing plaintiff’s claim in the sum of $395.69; as modified, order affirmed, without costs.

Defendant demonstrated its entitlement to summary judgment dismissing plaintiff’s assigned first-party no-fault claim in the sum of $395.69, it being undisputed on this record that plaintiff failed to respond to defendant’s timely and proper verification request made in connection with this claim (see 11 NYCRR 65-3.8[b][3]; St. Vincent Med. Care, P.C. v Country Wide Ins. Co., 80 AD3d 599, 600 [2011]; Hospital for Joint Diseases v New York Cent. Mut. Fire Ins. Co., 44 AD3d 903, 904 [2007]). We agree that plaintiff’s remaining no-fault claims are not ripe for summary disposition, since there exist triable issues with respect to defendant’s verification and fraud defenses.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 23, 2011