November 26, 2013

Horizon Radiology, P.C. v Hereford Ins. Co. (2013 NY Slip Op 52008(U))

Headnote

The court considered the case of Horizon Radiology, P.C. as Assignee of SERGIY ANDRIYEVSKYY v Hereford Insurance Co., a dispute regarding the payment of first-party no-fault benefits. The main issue decided was whether the defendant, Hereford Insurance Co., had established that it had paid the claim at issue, and whether the plaintiff, Horizon Radiology, P.C., had failed to raise a triable issue of fact. The holding of the case was that the judgment of the Civil Court, which granted the defendant's motion for summary judgment dismissing the complaint, was affirmed. The Appellate Term found that the defendant had established prima facie evidence that it had paid the claim at issue, and that the plaintiff had failed to raise a triable issue of fact. As a result, the judgment was affirmed.

Reported in New York Official Reports at Horizon Radiology, P.C. v Hereford Ins. Co. (2013 NY Slip Op 52008(U))

Horizon Radiology, P.C. v Hereford Ins. Co. (2013 NY Slip Op 52008(U)) [*1]

Horizon Radiology, P.C. v Hereford Ins. Co.

2013 NY Slip Op 52008(U) [41 Misc 3d 140(A)]

Decided on November 26, 2013

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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 26, 2013

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ
2011-3152 Q C.

Horizon Radiology, P.C. as Assignee of SERGIY ANDRIYEVSKYY, Appellant, —
against
Hereford Insurance Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered September 21, 2011, deemed from a judgment of the same court entered November 29, 2011 (see CPLR 5501 [c]). The judgment, entered pursuant to the September 21, 2011 order granting defendant’s motion for summary judgment, dismissed the complaint.

ORDERED that the judgment 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. A judgment was subsequently entered, from which the appeal is deemed to have been taken (see CPLR 5501 [c]).

Upon a review of the record, we find that defendant established, prima facie, that it had paid the claim at issue, and that plaintiff has failed to raise a triable issue of fact.

Accordingly, the judgment is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: November 26, 2013