September 22, 2017
Island Life Chiropractic, P.C. v Omni Indem. Co. (2017 NY Slip Op 51258(U))
https://www.beynensonlaw.com/case-law/island-life-chiropractic-p-c-v-omni-indem-co-2017-ny-slip-op-51258u/
- Court
- Appellate Term, Second Department
- Decided
- September 22, 2017
- Citation
- 2017 NY Slip Op 51258(U) ยท 57 Misc 3d 134(A)
- Posture
- Summary judgment
- Outcome
- Insurer prevailed
- Issues
- Policy issues
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.
Reported in New York Official Reports at Island Life Chiropractic, P.C. v Omni Indem. Co. (2017 NY Slip Op 51258(U))
[*1]| Island Life Chiropractic, P.C. v Omni Indem. Co. |
| 2017 NY Slip Op 51258(U) [57 Misc 3d 134(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| This opinion is uncorrected and will not be published in the printed Official Reports.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
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2014-2100 Q C
against
Omni Indemnity Company, Respondent.
The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Freiberg, Peck & Kang, LLP (Yilo J. Kang, Esq.), for respondent.
Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered August 8, 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 not issued an insurance policy covering the subject loss and, thus, that plaintiff had sued the wrong party.
For the reasons stated in TAM Med. Supply Corp. v Omni Indem. Co. (48 Misc 3d 142[A], 2015 NY Slip Op 51294[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]), the order is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: September 22, 2017
Cited in this decision
A label shows how this decision treated the case it cites.
- Tam Med. Supply Corp. v Omni Indem. Co. (2015 NY Slip Op 51294(U)) FollowedThe provider's new deposition evidence failed to defeat the insurer's showing that it had not issued the policy covering the accident.
Similar decisions
- Island Life Chiropractic Pain Care, PLLC v Omni Indem. Co. (2019 NY Slip Op 50342(U))The defendant insurer's affidavits established that another carrier issued the policy covering the accident, warranting dismissal.
- Island Life Chiropractic, P.C. v Allstate Ins. Co. (2017 NY Slip Op 51465(U))The insurer was granted summary judgment because its proof established that it had issued no policy covering the loss.
- JCC Med., P.C. v Omni Indem. Co. (2021 NY Slip Op 51246(U))The insurer's summary judgment motion based on its nonissuance of a policy covering the accident vehicle was granted on appeal.
- Island Life Chiropractic, P.C. v 21st Century Ins. Co. (2017 NY Slip Op 51820(U))The provider failed to establish that its claims were denied late or that timely denials were conclusory, vague or legally meritless.
- Island Life Chiropractic, P.C. v National Liab. & Fire Ins. Co. (2017 NY Slip Op 51843(U))The insurer failed to prove mailing of IME notices, and the provider failed to establish its prima facie entitlement to summary judgment.